Landlords or property managers often enforce pet policies in their rental property to make sure that they are not liable for damages caused by an unruly pet. A pet policy also includes pet fees such as pet rent for extra income.
However, with the Fair Housing Act in place, which prevents tenant discrimination in the housing industry, landlords must not deny reasonable accommodations to protected groups such as differently able individuals, which includes their right to have a service animal. Because these animals are not “pets,” they must not be limited by a pet policy.
Knowing the facts and rules when it comes to accommodating service animals in your rental home is essential to every landlord to understand the best way to accommodate them and to avoid any legal issues. Here are a few questions frequently asked by landlords when it comes to the subject of service animals.
Are service animals and companion animals the same?
No, they are not. Service animals are often trained dogs (or miniature horses) that offer support to individuals suffering from physical or mental disabilities such as blindness. Companion animals, on the other hand, serve as emotional support to those suffering from mental illnesses such as anxiety or depression. They did not undergo the same training as service dogs. They are also not limited by a pet policy.
Can a service animal owner be charged for pet rent?
You are not allowed to charge pet fees such as pet rent and pet security deposit for service animals. You can only credit the owner for repair cots if the service animal causes damage to the property. You may also evict a tenant if their service animal poses a threat to the safety of other tenants or if they are uncontrollably destructive or causes a disturbance.
Are landlords allowed to request for proof of the service animal’s prescribed need?
A lot of tenants lie that their pets are service animals to avoid paying pet fees. A landlord is allowed to ask for a letter from the tenant’s medical doctor stating that he/she prescribed the service or companion animal. However, it is not allowed to ask what the disability or diagnosis of the tenant is.
Who is not required to accommodate service animals?
According to the Fair Housing Act, you are allowed to deny reasonable accommodations for the differently-abled who have service animals if:
- you only rent out less than 5 units and you reside in one of them
- you are renting out a single-family home without the services o a real estate broker.
- you only offer short-term stays, e.g., hotel or motel
- your property is a private club that is not open to the general public
Can breed and size restrictions be imposed?
No. Discriminating against a certain breed of service dogs is not allowed. The same goes for the size. If your pet policy doesn’t allow pets to weigh more than 30 pounds, the rule cannot be applied for service animals.
Before you post a listing on property management websites like Padleads, your property must be prepared accordingly to accommodate service animals.