For many years, animals have brought joy to people as beloved pets, forming wonderful friendships with their human companions. In today’s bustling world, it’s delightful to see that animals play an even more significant role—they’re not just friends but devoted companions who provide invaluable support to people with disabilities and those seeking emotional and physical assistance.
According to the American Apartment Owners Association (AAOA), in a survey of 1,000 renters, about 90% responded they have pets. Most tenants will prefer properties that allow their service animals, emotional support animals, and pets.
As a landlord, you provide your own rules and regulations but must align with the state’s fair housing laws. That’s why understanding the difference between service animals, ESAs, and pets is important to establishing the rules for your rental property.
What is a Service Animal?
A service animal is an animal that has been individually trained to perform tasks or help a person with a disability - may it be sensory, physical, intellectual, psychiatric, or other mental disability.
Service animals are protected under the Americans with Disabilities Act (ADA) and can accompany their owners in all public spaces. Their tasks may involve retrieving dropped items, giving warning signals, helping them maneuver around the crowd or pathways, reminding medication, and many more.
A service animal's work must directly relate to the person's impairment and can be accompanied by documentation of the animal’s status by a healthcare provider.
Examples of Service Animals
ADA has standards to qualify an animal or pet as a “certified service animal.” Here are some examples:
●Seizure Response Dog: a service dog for individuals suffering from epilepsy. When someone is about to have a seizure, these dogs can sense it coming on and alert their owners to get to a safe area, sit down, or seek assistance.
●A sensory or social signal dog (SSig Dog): a canine trained to support people with autism and their caregivers. One critical case is for people or children with nonverbal autism; when their name is called, the dogs can let them know.
●Psychiatric service animals: trained to assist individuals with disabilities and to detect the onset of psychiatric episodes. Tasks may include reminding the handler to take medicine, providing safety checks or room searches, turning on lights for persons with Post Traumatic Stress Disorder (PTSD), interrupting self-mutilation by persons with dissociative identity disorders, and keeping disoriented individuals from danger.
●A hearing or signal dog: a canine that has undergone specific training to notify its owner of any audible sound, like a doorbell, that comes to a person who is profoundly deaf or severely impaired in hearing.
●A guide or seeing eye dog: helps people who are legally blind or with severe visual impairments.
What is an Emotional Support Animal?
An emotional support animal provides emotional support, comfort, or relief to an individual with a mental or emotional disability. These animals are not specifically trained to perform tasks, but their presence can help alleviate symptoms of a disability.
Although the ADA does not recognize them, they are protected under the Fair Housing Act and are allowed in rental properties, even if the property has a no-pet rule or policy. A licensed healthcare professional, such as a psychiatrist or qualified medical professional, can write a letter certifying them as ESAs.
An emotional support dog is one of many therapy animals. Some may opt for a cat, hedgehog, miniature horse, turtle, bird, fish, gerbils, rodents, and many more. Although it can lack the specialized expertise to aid persons with disabilities, an emotional service animal can alleviate feelings of isolation, boost mood, and even help with phobias and depression.
Federal law safeguarding the use of service animals does not apply to therapy animals, even though certain states have passed legislation regulating them. This is because therapy animals are not restricted to helping persons with disabilities.
How is a Pet Different?
A pet is a domesticated animal kept for pleasure or companionship but is not considered a service animal or emotional support animal. Unlike service animals, pets are not protected under the ADA, Fair Housing Act, or state or local laws and are subject to the rules and regulations of the rental property.
Pets and support animals provide companionship. The difference between them is a certification from a qualified professional and legal registration.
Pet owners are responsible for cleaning their pets’ mess, providing a safe space, minimizing noise, and ensuring their pets don’t harm others. Due to safety concerns, some landlords prohibit specific breeds, such as big canines.
Housing Laws and Accommodations
The Fair Housing Act requires landlords to make reasonable accommodations for individuals with disabilities, including allowing service animals and emotional support animals in rental properties, unless doing so would impose an undue financial burden, affect other tenants, or fundamentally alter the nature of the housing provider’s services.
A landlord must allow service animals and emotional support animals in rental properties unless there is a valid reason for denial. Certain circumstances may include other tenants' allergies to animal fur or phobias.
There are also vaccination rules for the animals - whether pets, emotional support animals, or service animals.
Can Landlords Legally Reject Service Animals or Emotional Support Animals?
The short answer is no; you cannot reject a tenant with a service animal or an ESA. They must be allowed the same opportunities as other tenants and be provided reasonable accommodations for their needed companion animals. You also cannot charge a pet deposit, as these tenants are required to have these animals.
However, there are a few rare exceptions. Landlords can deny service animals or emotional support animals if they pose a direct threat to the health or safety of others or if they cause significant damage to the rental property.
They can also deny service animals or emotional support animals if the individual with a disability does not provide proper documentation or verification. However, you can only ask for this if the disability is not apparent, and sometimes, it's better to avoid this question altogether.
Consequences of denial may include fines, penalties, and lawsuits.
Hiring a Property Manager
Property managers can help research laws and implement practices regarding service animals, such as tenant background checks and pet fee or deposit waivers.
They must verify the person’s disability, certified by a qualified professional, and the need for a service animal or emotional support animal. Medical documentation or proof of licensing may also be required.
Need Help With Animals in Your Rental?
Service animals and emotional support animals are essential to people with disabilities and for the companionship of children, families, and individuals living solo.
A landlord is responsible for accommodating these animals, regardless of their purpose. You can establish the proper laws and regulations to ensure that all parties involved are safe and comfortable.
At Sail Properties, we ensure that our team of highly experienced and trustworthy professionals will cater to your needs and requests. It’s our duty to help you take care of your properties and maximize your rental income. Contact us for a free consultation!
Additional Resources
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