- Definition: In a crude but understandable definition- A service animal is a “tool” used for a variety of reasons and activities for people who suffer from a disability. Disabilities could range from severe anxiety, PTSD, a range of physical or mental disabilities, even some medical issues such as diabetes, mobility issues, or speaking and walking! Just to name a very few of the mass uses for a service animal! It is important to know your rights! Continue Reading so that you are informed…
- Rental and Property Rules
- No Restrictions: Landlords are required by law to allow service animals in rental properties, regardless of any pet policies. This is mandated under the Fair Housing Act (FHA) and ADA.
- No Additional Fees: Landlords cannot charge additional fees or deposits for service animals, as they are considered a necessary accommodation rather than a pet.
- Documentation and Verification
- No Special Certification: Landlords cannot demand proof of certification or training for a service animal. However, they can ask for documentation of the disability and how the service animal helps if it’s not obvious.
- Verification: Landlords can verify if an animal is a service animal if its status is not readily apparent but cannot request detailed medical information.
- Regulations
- Disability Accommodation: Under the Fair Housing Act, housing providers must make reasonable accommodations for tenants with disabilities, which includes allowing service animals.
- Behavior and Control: While service animals are granted access, they must be well-behaved and under control. Landlords can address issues if a service animal’s behavior poses a direct threat or disrupts the living environment.
Summary
- Pets: Subject to property-specific policies, including restrictions, deposits, and fees. These policies can vary widely and are generally more flexible.
- Service Animals: Protected by federal laws, including the ADA and Fair Housing Act, which mandate that landlords must allow them and cannot impose additional fees. Service animals must be accommodated as long as they do not pose a direct threat to the property or others.
- Pets can be service animals but service animals can not be pets! Knowing the difference could mean getting that apartment you have been dreaming about!
Understanding these distinctions helps ensure compliance with legal requirements and fosters fair treatment for all individuals in the housing market. For tenants, it’s important to know their rights and responsibilities regarding pets and service animals. For landlords, adhering to legal requirements and maintaining clear policies helps manage properties effectively.