Updated: September 25, 2023 There is a lot of confusion surrounding service animals, emotional support animals, and housing regulations. We’re here to explain how these support animals affect your rental property.
When screening applicants for your rental property, you may run across one who notes they have an assistance animal. Whether it’s an emotional support animal or service animal, they are both protected by law. The most important thing you need to know is that they are not pets. These are animals that work. They provide emotional or additional assistance to people with disabilities.
People often assume that these two animals are the same. While they are both protected by the law, there are important differences to note.
Disclaimer: Please check with your attorney regarding all matters pertaining to assistance animals. This blog is general in nature and should not be relied upon without checking with your attorney.
A service animal is a dog of any size or breed that has received individualized training to perform work or tasks that benefit disabled individuals, including people with physical, sensory, psychiatric, intellectual, or other mental disabilities. By law, service animals are permitted to accompany disabled individuals where any other public member is allowed to go.
You might recognize a service animal by the vest they are wearing, usually labeled “service dog” or something similar to that. Service animals are allowed entry anywhere that their owners are, provided that it is safe. This includes buses, airports, workspaces, planes, and stores.
Service animals are working animals and are, therefore, not considered pets. Since 2011, only dogs have been nationally recognized as service animals. Still, the ADA states that miniature horses may also be considered service animals under a separate provision and in exceptional cases.
While there is no specific legal requirement for the amount or kind of work a service animal must provide, it must be able to perform tasks directly related to their owner’s disability. For example, service animals may alert individuals of seizures, remind their handlers with depression that they need to take medication, or retrieve objects for a person who uses a wheelchair. However, if the dog were to provide comfort with its presence, it would not be considered a service animal by the ADA.
Although some states have broader definitions and qualifications for service animals, most states hold the same requirements for service animals, including:
As a property owner or tenant, navigating the rules around service animals can be tricky. One of the most common questions that comes up is whether landlords can legally ask for documentation or proof of a service dog. The answer isn’t always straightforward, but I’m here to break it down for you.
What the Law Says About Service Animals and Housing
First, let’s clarify something important: service animals and emotional support animals (ESAs) are not pets. They’re working animals that provide assistance to people with disabilities. This distinction is crucial because it affects what landlords can legally ask for.
Under federal law, specifically the Fair Housing Act (FHA), both service dogs and emotional support animals are granted protections in housing situations, even if a property has a “no pets” policy However, the rules for verification differ between these two types of assistance animals.
Service Dogs vs. Emotional Support Animals: Know the Difference
Before diving into what landlords can request. let’s understand the key differences
Service Animals:
- Must be dogs (in some cases, miniature horses)
- Trained to perform specific tasks for people with disabilities
- Protected under both the Americans with Disabilities Act (ADA) and Fair Housing Act
- Typically wear vests labeled “service dog” (though not required by law)
- Can accompany their handlers in public places where pets aren’t allowed
Emotional Support Animals (ESAs):
- Can be any type of animal (dogs, cats, rabbits, etc.)
- Provide comfort through companionship, not trained for specific tasks
- Protected under housing laws but not in public spaces
- Cannot enter businesses with “no pets” policies
- Require documentation from a healthcare professional
What Landlords CAN Ask About Service Dogs
When a tenant has a service dog, landlords are legally permitted to ask only two questions
- Is the animal required because of a disability?
- What tasks has the animal been trained to perform?
That’s it. They cannot ask about the person’s specific disability or request that the service dog demonstrate its trained tasks. They also cannot request:
- Medical records
- Detailed information about the disability
- A special certification or registration
- That the animal wear an identification vest or tag
What Landlords CANNOT Ask or Require
The law places clear limits on what landlords can demand regarding service animals. A housing provider cannot:
- Charge pet fees, pet rent, or pet deposits for service animals
- Require special identification or certification
- Ask for detailed medical records
- Request that the animal demonstrate its trained tasks
- Discriminate based on breed, size, or weight restrictions
If the disability and need for the service animal are obvious (such as a guide dog for a visually impaired person), landlords cannot request any documentation at all.
Documentation for Emotional Support Animals
Here’s where things get a bit more complicated. While landlords cannot ask for documentation for service dogs, they CAN request verification for emotional support animals if the disability is not readily apparent.
For emotional support animals, landlords may request:
- A letter from a licensed healthcare professional
- Verification that the person has a disability
- Confirmation that the animal provides support related to the disability
In California, as of January 1, 2022, the requirements for ESA documentation have become more specific. Under AB 468, an ESA letter must come from a licensed mental health professional who:
- Has an active license (with license number and jurisdiction included)
- Has established a professional relationship with the client at least 30 days before providing the ESA letter
- Has conducted a clinical evaluation of the client
When Can a Landlord Deny an Assistance Animal?
There are limited circumstances when a landlord might legally deny an assistance animal:
- If the specific animal poses a direct threat to the health and safety of others that cannot be reduced by another reasonable accommodation
- If the animal would cause substantial physical damage to the property
- If allowing the animal would impose an undue financial or administrative burden
- If it would fundamentally alter the nature of the housing provider’s services
However, these exceptions are rare and should be approached with extreme caution. Disability complaints are among the most common fair housing complaints, and denying a service animal without solid legal grounds could result in significant penalties.
Real-World Scenario: What To Do as a Landlord
Imagine you’re doing a routine property inspection and discover an undisclosed animal in your “no pets” rental property. The tenant claims it’s a service dog or emotional support animal. What now?
- Remember that tenants aren’t required to disclose their need for an assistance animal before moving in
- Don’t immediately assume the tenant is being dishonest
- If it’s claimed as a service dog, you may only ask the two permitted questions
- If it’s an emotional support animal, you may request verification from a healthcare provider
- Never ask about the nature of the person’s disability
- Consult with an attorney before denying any accommodation request
Common Questions Landlords Have
Can I charge a pet deposit for a service animal?
No, service animals and emotional support animals are not considered pets, so you cannot charge pet fees, deposits, or rent.
What if the assistance animal damages my property?
While you can’t charge a special deposit, tenants remain financially responsible for any damage their assistance animals cause, just as they would be for damage they cause themselves.
Can I deny certain breeds of service dogs?
No, breed restrictions do not apply to service animals. The Fair Housing Act prohibits discrimination based on breed, size, or weight for assistance animals.
What if other tenants have allergies or fear of dogs?
This can be challenging, but generally, the needs of the person with the disability take precedence. You may need to make accommodations for both tenants, such as assigning them to different floors or buildings if possible.
The Bottom Line
As a landlord, understanding service animal laws isn’t just about compliance—it’s about respecting the rights and needs of people with disabilities. While the rules might seem complicated, the basic principle is simple: service animals are not pets, and people with disabilities have the right to equal access to housing with their assistance animals.
I always recommend working with a qualified property management company or consulting with an attorney who specializes in fair housing law when you have questions about service animals. The penalties for violating these laws can be severe, and it’s always better to err on the side of caution.
What To Do If Your Rights Are Violated
If you’re a tenant with a service animal and believe your rights have been violated:
- Document all interactions with your landlord
- Remind them of your rights under the Fair Housing Act
- Contact your local HUD office or fair housing agency
- Consider consulting with a fair housing attorney
Remember, the law is on your side when it comes to legitimate service animals and emotional support animals.
Final Thoughts
The relationship between landlords and tenants with assistance animals doesn’t have to be adversarial. By understanding the law and approaching these situations with respect and open communication, both parties can find workable solutions that meet everyone’s needs.
As a property owner myself, I’ve found that being informed about service animal regulations and maintaining clear policies has prevented many potential conflicts. And if you’re a tenant with a service animal, knowing your rights can help ensure you’re treated fairly in your housing search.
The most important thing? Know the difference between service animals and emotional support animals, understand what documentation can legally be requested for each, and always approach these situations with empathy and respect for individuals with disabilities.
What experiences have you had with service animals in rental properties? Drop a comment below or reach out with any questions you might still have about navigating these complex regulations.
Emotional Support Animals (ESAs)
Emotional support animals (ESAs) are companion animals that provide support, comfort, and assistance to individuals with emotional or mental disabilities, such as depression, anxiety, and post-traumatic stress (PTSD). In general, emotional support animals provide individuals with a better quality of life through companionship and comfort rather than providing services or performing tasks for their handler.
Emotional support animals have more restrictions in public spaces. If a retail store states that there are no pets allowed, this applies to emotional support animals. There is no official registry for ESAs. Some pet owners seek out private companies to provide documentation, but this does not guarantee them any additional rights or protections.
However, both emotional support animals and service animals are protected by housing laws.
Service animals in CaliforniaCalifornia defines a service animal as a dog only (in some cases, miniature horses may be considered). In California, dogs trained to help a person with a mental disability are considered service animals. This means that California does not define “psychiatric service dogs” differently than service animals. In fact, California utilizes two definitions of disability, including mental and physical disability (Cal. Code Regs., tit. 2, § 11065 (202.):
- A mental disability can be a mental or psychological disorder or condition that severely impedes a person’s quality of life and activity (emotional illness, learning disabilities, post-traumatic stress disorder, and cognitive disabilities)
- A physical disability can be any disorder or condition that limits a person’s motility, life activity, and major body systems.
In addition to allowing service animals in places where the general public is allowed to be, California also enables individuals with disabilities to take their service animals to medical facilities (hospitals, clinics, clinician offices, etc.) and onto any public vehicles regardless of whether they are public or private (trains, buses, streetcars, boats, motor vehicles).
While dogs in training are not considered service animals by the ADA, the California Disabled Persons Act permits trainers or persons with disabilities to bring dogs-in-training to any public place as long as they are being trained to provide services related to a disability in that public space. The state of California also allows the handlers themselves to train their service animal.