The Fair Housing Act (FHA) prohibits housing discrimination on the basis of race, color, religion, sex, national origin, familial status, and disability. Under the FHA, housing administrators, landlords, and dorms must accommodate disabled individuals with service animals. This applies even in housing facilities that do not allow pets.
The FHA also covers emotional support animals. Like service animals, emotional support animals (ESA) provide support to people with disabilities. Unlike service animals, they do not need to be task trained with specific tasks to support an individual’s disability.
Landlords can ask for documentation (sometimes!)
Landlords and property managers may ask two questions regarding renter’s service animals:
- Does the person have a disability that substantially limits one or more major life activities?
- Does the person making the request have a disability-related need for the assistance animal?
Also, see the ADA's guide on questions that may be asked regarding service animals.
If the disability is visible or readily apparent, the housing provider should not request further information or documentation. If the disability and the reason for the service animal are not apparent, the housing provider can ask for documentation of a disability and the need for an assistance animal. Emotional support animals always require documentation, but service animals for blind or mobility-impaired people may not. Service animals that support handlers with invisible disabilities like epilepsy, diabetes, cardiac illness, and psychiatric conditions may also require medical documentation.
Landlords can also request standard documentation such as shot records and proof of a dog license if dog licenses are required by the city for all dogs.
They may not, however, request service dog registration. Some cities offer optional service dog registration, but there is no official service animal registry. Registration is not required by the FHA, ADA, or other federal disability laws. Most service animal certificates offered online are not legitimate nor do they hold any legal value or standing.
Landlords cannot charge pet rent or fees
Housing providers and landlords have a duty under the FHA to provide a reasonable accommodation defined as “a change, exception, or adjustment to a rule, policy, practice, or service” to individuals with disabilities. One such accommodation can be to waive pet rents, fees, or extra deposits. Landlords are generally barred from leveraging such extra fees on service or assistance animals, and from requiring insurance for the animals such as rental insurance (unless all residents are required to carry insurance regardless of whether they have animals).
Landlords can charge for damage caused by service animals
Service animals are trained to provide medical support, but they are also still animals. If a service or support animal causes damage to the apartment, including damage to the carpets beyond normal wear and tear, the tenant can be charged for that damage.
Landlords cannot impose breed restrictions
There are some breeds, like golden retrievers, poodles, and labs, that are more popular in the service dog community and with service dog training programs. However, any breed can be a service dog. This includes german shepherds, pit bulls, and other breeds that are sometimes not allowed in rentals. Landlords must accept service animals even if the breed is generally not allowed due to insurance or property breed restrictions.
HUD has also provided clarification and guidance on less common support animals in this notice released in 2020. Service animals are typically only dogs, but in some cases, miniature horses have been recognized as service animals. ESAs can be a wider range of animals including cats, hamsters, fish, rabbits, or turtles.
Landlords cannot ban service animals from communal areas
If the property includes communal areas like a pool, business center, exercise room, lounge, or other areas open to resident use, service dogs should be allowed. They don’t need to be allowed to swim in the pool, but they do need to be allowed in the pool area if their handler wishes to lounge by the pool.
It’s worth noting that only service animals have public access rights, as they are specifically trained to provide assistance to their handlers in completing everyday life activities. Housing providers do need to accommodate a disabled person’s request for their emotional support animal to live with them, but bringing that ESA to the apartment complex’s gym or pool is generally not considered a reasonable accommodation.
Happy Walk Your Dog Week!
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