Key Takeaways

• Service animals are not pets and cannot be denied housing based on a landlord’s pet policy.
• Landlords cannot charge deposits or fees for service animals, but they can request documentation and charge for any damage caused.
• Both service animals and emotional support animals are protected under the Fair Housing Act, requiring landlords to provide reasonable accommodations.

As a landlord, you have the right to create your own lease policies, including limiting the type, breed, and number of pets allowed on your property. However, what should you do when a disabled tenant asks for accommodation for a service animal?

Under federal law, disabled tenants are granted specific rights, including the right to reasonable accommodations. Even if a landlord does not allow pets, they must accommodate tenants with service animals.

Failing to comply can result in legal action from the tenant for discriminatory behavior. According to the Department of Housing and Urban Development (HUD), penalties can reach tens of thousands of dollars.

Fortunately, this guide from our team at Specialized Property Management Memphis will walk you through everything you need to know about renting to tenants with service animals.

HUD Guidelines for Landlords Regarding Service Animals

The HUD provides clear guidance on landlord responsibilities when it comes to disabled tenants and their service animals when trying to minimize vacancies.

Some of the most important points include:

• A service animal is not a pet. It is a working animal trained to assist a person with a disability. Therefore, landlords cannot deny them based on pet policies.
• It is unlawful to charge a deposit or additional fee for a service animal, since it is not considered a pet.
• Landlords cannot impose weight or breed restrictions on service animals.
• While you may not ask a tenant for details about their disability, you may request written verification from their healthcare provider confirming the need for the animal.
• You have the right to evict a tenant if their service or companion animal disrupts other tenants or neighbors.
• You may charge a tenant for any damage their animal causes to the unit.
• You are allowed to request copies of the animal’s health records to ensure it is in good health.

Do Tenants with Assistance Animals Have Legal Protections?

Yes. Tenants with assistance animals are protected under two major federal laws: the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). Because of this, you have to make sure your rental meets safety standards pertaining to this tenant’s needs, among other things.

A tenant may qualify for reasonable accommodations under these laws if they meet any of the following criteria:

• They have a physical or mental impairment that significantly limits one or more major life activities, such as seeing, walking, dressing, cleaning, or working.
• They have a history of such impairments.
• They are regarded as having such impairments.

What Are the Different Types of Assistance Animals?

As a landlord, you may encounter two main types of assistance animals:

1. Service Animals

Service animals are dogs that have been individually trained to perform specific tasks directly related to a person’s disability. These animals are not general pets. They are professionally trained and often certified.

Examples include:

• A dog trained to alert a person with diabetes when their blood sugar drops.
• A dog trained to remind a person with depression to take their medication.
• A dog trained to detect seizures and help someone with epilepsy remain safe during an episode.

Service animals typically carry identification and documentation of their training and purpose.

2. Companion Animals (Emotional Support Animals)

Companion animals, often called emotional support animals (ESAs), provide comfort and emotional stability to individuals with mental or emotional disabilities. These disabilities can include depression, anxiety, PTSD, or autism.

Unlike service animals, companion animals do not require special training. A person may qualify for a companion animal with written approval from a licensed medical professional.

Landlord Responsibilities for Service and Companion Animals

Although the ADA distinguishes between service animals and emotional support animals, the Fair Housing Act treats both the same. Under the FHA, landlords must provide reasonable accommodations to tenants who require either type of assistance animal.

Rejecting a tenant solely because they have a service or companion animal, even if your lease has a no-pet policy, is considered a violation of federal law. When you’re screening multiple tenant applications, a service animal cannot affect your decision.

You must also refrain from imposing breed or size restrictions, pet rent, or additional fees, though you retain the right to charge for any damage the animal causes.

Bottom Line

Understanding the laws surrounding service and emotional support animals is essential for any landlord. Denying a qualified tenant due to an assistance animal can have serious legal consequences. Make sure you comply with the Fair Housing Act and other federal regulations to avoid costly mistakes.

If you’re unsure about your responsibilities or want help navigating tricky legal terrain, Specialized Property Management Memphis is here for you. With over 30 years of experience in the Memphis rental market, our team can help you manage your property with confidence and full legal compliance.

Contact us today to learn more about how we can support your rental property success.