Have you ever wondered the difference between a service animal, an emotional support animal, and a regular pet?
Many renters assume their pets can get special status by slapping on a vest or getting a shady online certificate.
However, there are legal distinctions between legitimate support animals and pets that give no special rights under fair housing laws.
Landlords and property managers must understand these distinctions to handle tenant requests and avoid legal issues. Keep reading to learn what you need to know.
Service Animals
Professionals train service animals to perform specific tasks for people with disabilities.
The most common is a guide dog that assists people who are blind or have low vision. Other examples include dogs that can detect seizures or remind someone to take medication.
To qualify as a service animal under the Americans with Disabilities Act (ADA), the tenant must train the animal to work or perform tasks related to their disability.
Therapy animals that provide emotional support do not qualify as service animals under federal law.
Legally, you must allow tenants with legitimate service dogs to bring them into any public area of your building, even those with no pet policies.
You cannot charge pet fees or deposits for service dogs. But you can still enforce rules on noise, damage, and cleaning up after the animal.
Emotional Support Animals
Emotional support animals (ESAs) are companion pets that provide therapeutic benefits. They help people with anxiety, depression, PTSD, and more. A licensed mental health professional prescribes ESAs to offer comfort and emotional support.
Unlike service dogs, ESAs do not need specialized training. Common emotional support animals include dogs, cats, birds, rabbits, and other domesticated creatures.
Under the Fair Housing Act, landlords must provide reasonable accommodation to ESA owners. ESA owners can legally keep their animals in a no-pets housing unit as a disability-related need.
You should get proper documentation from their mental health provider. You can still have general rules and charge fees for any damage caused.
Pets
Federal disability laws do not cover a regular pet with no special training.
You have full authority to enforce your standard pet policy and tenancy agreement.
Make sure your rental contracts or leases spell out restrictions on type, size, breed, and number of pets allowed.
Create sensible pet policies that protect property, avoid tenant conflicts, and cover you legally. Ask all tenants to provide documentation, pay deposits, and follow the rules. Be consistent when enforcing policies on property damage.
Follow fair housing laws, but don't let tenants abuse the system when no disability requires accommodation. Consult a lawyer when making policies to avoid accusations of discrimination.
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Our experienced team specializes in all aspects of rental management, including the legalities of emotional and support animals. We work to maximize occupancy, protect your investment, and generate consistent returns.
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