Watch this informative video on landlord obligations under fair housing laws:
Many people with disabilities and/or mental health problems often rely on service animals and/or emotional support animals for assistance with their daily lives. Service animals enhance the quality of life for many people with disabilities, including owners with physical or mental conditions.
For example, a person with a hearing impairment may need the assistance of a dog to alert her or him when there is visitor, a phone rings, or there is danger. A veteran suffering from PTSD may need the emotional support of his or her cat to alleviate the symptoms of the PTSD condition. An elderly man or woman who is bed-bound may utilize the assistance of their animal to fetch objects, alert caretakers or open doors. Parents might obtain an animal to work with their autistic child to lessen the severity of emotional outbursts. This is a short list of the many ways that disabled owners utilize their assistance animals.
Warning to landlords and property managers!
Landlords who maintain a “no pet” policy may not refuse to rent or prohibit a disabled person from having a service animal within the rental property. Federal housing law does not require the animal that provides the assistance to be a dog.
It can be confusing, because service animal access to public spaces is governed by the Americans with Disabilities Act (ADA), while the right to keep an assistance animal in a home is governed by Federal Fair Housing Laws.
While only dogs and miniature horses may be service animals (who may access all public spaces accompanying their disabled owner) under the ADA, it is a different story under Fair Housing Laws: Cats, rats, birds, and other animals can serve as emotional support animals in the home, in addition to dogs and miniature horses.
As a landlord, you might be asked to accomodate an individual’s need to keep their animal in the home to alleviate the symptoms of a mental disorder. It can be any type of animal, and the animal does not need to have specific training, because it is the animal’s presence that alleviates the mental condition.
There are three important points to consider when renting to a disabled individual with a service animal:
(1) Service animals, therapy animals, or animal aides all fall into the same category under federal housing law.
(2) Service animals are NOT pets and therefore may not be considered as such. Landlords who have strict no-pet policies may not enforce them with regards to service animal. Landlords may not charge additional rent, additional security deposit funds, or other additional funds in connection with the animal.
(3) Assistance animals are covered under the Fair Housing Amendments Act, Americans with Disabilities Act and the Rehab Act Section 504.
To be an individual protected under the Fair Housing Act; that person must have a physical or mental disability as defined by the act; the service animal must have a direct function related to the individual’s disability and the request to have the service animal must be reasonable.
The animal must be well-behaved and not present a danger to others, but otherwise there is no specialized training or certification required.
According to 42 U.S.C. § 3604(f)(3)(B), a landlord must make “reasonable accommodations” for a disabled tenant to be able to use and enjoy a rental property on an equal basis with tenants who are not disabled. For instance, if a tenant requests to have safety bars installed in the bath-tub, a landlord may not refuse to make such accommodations.
What can a landlord to do to prevent non-disabled persons from using this law to bring in an ordinary house pet? Unfortunately, there is no law or regulation that provides specifics on what the landlord may or may not do. Only a court decision can actually determine whether a landlord must allow a particular animal.
A landlord who asks for “proof” that a service animal is just that can easily lead to legal action against that landlord for discrimination if the demand is not allowed under law. Therefore, a landlord must be very careful in how the tenant is questioned.
If a tenant informs his or her landlord that a service animal or emotional support animal will be kept on the premises, the landlord must generally accept the tenant’s credible word and should respect the tenant’s right to maintain such animal in the home. For more information about the limited type of documentation a landlord may request, see this helpful Notice from HUD by clicking here: HUD Notice April 2013
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This is very helpful information for me, as I am applying for low income Section 8 senior housing. This could be a difference maker for me. Thank you.
What about if you rent your home as a vacation rental and some people are allergic including the owner
If you choose to rent your home, you choose to follow all required laws, it really is not legal to stop a service dog owner from renting/bringing their dog/animal, they are considered a medical device.
I don’t believe vacation rentals, being short term accommodation, fall under fair housing laws.
This is a very good summary. I have a friend who just applied to rent an apartment in California and the landlord said he had to pay extra. This helps a lot.
I just had a landlord tell me having a seeing eye dog will be a problem and refuses to even let me go checkout an apartment. this will help me, especially since I filed with HUD fair housing.
If a rental home has a limit on the number of animals allowed by residents, does the service animal count toward that limit?
I have a tenant that brought a dog into their unit without my permission or notification. The condo CC&R’s forbids pets. When another tenant complained, I contacted my tenant who flatly denied owning a dog, saying that they were looking after a friend’s dog who was going through a rough time. Complaints continued from all the other tenants, particularly about them not cleaning up after their dog on the shared patio used by all tenants, so I posted a 3-day Perform or Quit notice. Two days later the tenant claimed the dog was an emotional support service animal. I understand that I cannot forbid him having a service dog, but he clearly deceived me during the last two months by denying he had any dog. Surely, I should have some legal standing here.
I should also point out that the tenant is renting the condo furnished, so I have a further concern of potential damage to my belongings, not to mention possible issues downstream of allergy issues for future tenant(s).
If the animal becomes a nuisance, health and safety issues that will affect others, you can remove from property after giving the person a chance to correct.
I have a question regarding enforcement of the terms of a lease when an ESA is causing disturbances by barking/yelping on a consistant basis at all hours and the tenant is disturbing the apartment complex at all hours by yelling at the animal in a general courtyard area. Can anything be done to give a 3-day notice to correct or does the tenant have the law exclusively on their side?
There are grounds for requesting removal of an ESA under certain circumstances such as when the ESA is a health or safety hazard or certain nuisance situations– definitely consult with your real estate attorney to see what your options are.
I am currently moving from CA to Florida and have provided my dogs information/ ESA certification and they sent me back a 6 page document stating I needed a physician to complete prior to moving in. Are they allowed to do that?
I have an ESA but am applying for another apartment. Do I have to tell the landlord in the initial application about the ESA? Im concerned he will go with another tenant if I disclose the information before the lease is signed.
What if the tenant hid or did not inform the owner before move in that they had or would need a emotional support animal?
Similar to you not having to inform a potential landlord of a physical, emotional or mental disability, you do not need to inform a landlord during the application process. However, your landlord will likely realize you have an ESA, so I would let them know once you have secured the home otherwise.
I have a question:
I live in an Apartment and have guests staying with me for a little while. One of them has a therapy dog and my Apt. Complex has a “no dogs” pet policy. Recently the Resident Manager told my friend that the dog was not allowed in my Apartment at ANY time because it was against the terms of the pet policy clause in my Lease. Needless to say this was a devastating thing to say to someone who relies on her animal for mitigating her physical & mental health issues….
Can they really discriminate against my friend in this manner or is she bluffing? I have emailed her the relevant quotes from this website as well as the Fair Housing definition and am wondering if she can really force my friend to have to keep her dog somewhere other than my Apartment. The dog makes zero noise, is indoor and outdoor trained and has no history of violence against other animals or humans, AND is certified by the AKC to be a therapy Animal in addition to letters from several Psychologists and Psychiatrists attesting that she needs the animal with her at all times..
If this matters I live in Northern California.
Thanks in advance for helping.
I have a similar situation but my apartment has a pet policy. I have a friend that visits and has a service dog. They have refused to allow the animal on premises because their policy is no visiting pets. I even offered to pay the deposit for the animal and they said no. I did not see a reply to your question.
Hi. Look up the laws online! She is allowed to bring her support animal anywhere. It’s a federal law.
It says here that the landlord must generally take a prospective tenants word in regards to an emotional support animal. Is a letter from a psychologist sufficient proof of an emotional disability and need for an emotional support animal? I am signing a lease with a new company and they are requiring that I have my medical provider fill out their forms certifying that I am in need of an emotional support animal. They will not let me on the lease without doing this. Previously a letter from my medical provider has been more than sufficient. Is it legal of them to request this of me? Or should a letter from my medical provider stating the need of an emotional support animal be sufficient?
my mental health doctors wants me to get a service dog for my physical and emotional disabilities. I an double amputee above knees and I have PTSD and anxiety and many other thing . My landlord says that I can not have animals including service dog because she says that shes allergic to everything. She said that If I get one, I will have to leave and go somewhere else. She says these apartment is not for ADA but yet she let be in. Its privately own property but she’s got two separate units behind the actual main house she rents out. For me. I live in the separate unit which is an apartment. So it’s not like I’m living in her main unit!
My question ia , can she do that to me? Refusing my disability accommodation?
Unfortunately the only time the fair housing does not apply to ESA’s is when it is A. A Private property of 4 or less units B If the landlord lives on property
This is a biased website and it is providing inaccurate information. In California, a landlord may and SHOULD (to protect other tenants and avoid liability) ask a tenant to provide “documentation that you have a disability and a disability-related need for the support animal.” The only exception is if the disability is obvious, but since it’s often very difficult to tell if someone is disabled just by looking (e.g. a temporary ankle injury may require a wheelchair but that’s generally not a permanent disability, just a temporary need), then landlords should generally always ask for the documentation.
If a landlord follows your advice, they risk legal action and a lawsuit. That’s a fact. Please consult with an attorney if you have any doubts about this and the attorney will set you straight on the law. Very respectfully, SARC
Thanks for this great article. I had no idea that so many animals could be considered support animals. I also did not know that a land lord had to allow the support animals. I have a cousin who has a cat that is her support animal, and she is looking for a new apartment. I will have to let her know that she can talk with the land lords, and let them know of her special arrangement. Hopefully they will be compliant.
I am permanently disabled and suffer from both depression and anxiety. I have two small dogs that I have had for 10 years and they most definitely serve and support me emotionally. Although I know I would not have a problem getting “designation”, I am wondering if 2 dogs can be considered emotional support animals for one person (myself)…Many thanks!
It was recommended that I have an emotional support animal by my doctor. When I stayed in a vacation rental in Florida last month, the landlord told me I must remove the dog. (6 pound miniature poodle). When I refused and told him I had documentation he told me that I still had to remove the animal. He refused to look at the documentation I had but then told me I could keep the animal if I put up a $500 deposit. When I did so, he called it a cleaning deposit and not an animal deposit at the last minute. He then kept $200 of my deposit. I am planning to sue him for retribution. Just wanting to make sure that I am in the right here.
So I tried out a service animal at my apartment before telling my landlord because of her strict no pets policy. I have the doctors letter for the dog, but she gave my a 30 day no pet policy violation email before I could give her the letter. What rights do I have since I did not give it to her before she saw the dog
This works both ways. My daughter has had allergies and asthma her entire life. She recently decided to rent with a friend. Prior to renting, both my spouse and daughter made it clear to her (so called) friend that the apartment had to be pet free and smoke free, In fact they realized quickly that this type of apartment would be more expensive, so we offered to pay a larger portion. The girl agreed. Less than 3 weeks into the deal this young lady brought over her cat, Daughter told her it had to go. Despite knowing what my daughter went through, and agreeing to the arrangement, she called my daughter selfish, She said she had severe anxiety and depression., She was reminded that the agreement had been made and that the existence of the cat would not only cause our daughter physical issues, but also the same distress, A week later, another attempt and she said my daughter should read a book about multiple personalities. Another surprise and suffice it to say, it was taken as a threat. Thus is our dilemma, if the pet is allowed in, we need out of the lease, We are getting a doctor’s statement that she can’t live with a pet anywhere in the apt, Likewise we have approached an attorney about the fact that the landlord essentially broke the lease, by allowing the pet. I can appreciate your advocacy but realize you are indeed taking another’s rights away. Your thoughts
I do live in a rental through McClanahan Realty in MO and have not only been charged fees for my service animals once at 300 dollars and I am disabled but now she- after refusing to provide receipts is claiming fees were not received is threatening to remove my service animals if I do not pay 350 now. These fees were not legal and I informed her on move in. Who do I inform-
Just any animal you have is not the same as a service animal. Service animal a dog or horse are trained to perform certain duties. A companion animal can be any type and is not a trained animal. To be considered a service animal it must be trained to perform 2 or more distinct things related to the exact disability a person has. Almost always it is a physical medical condition like blindness, diabetes, MS…etc
Hope that helps
Does a comfort dog have to have a leash when in public spaces of a condominium. Are there legal cases that spell out what a nuisance is regarding a comfort dog?
The current system is too easy for people to abuse. I had a tenant break the no pet policy. Then the day after I found out claimed it was an emotional support dog with a doctors note that was clearly from an over the phone doctor since it was addressed from a state across the Virginia when the house is in Oklahoma yet when I contacted my attorney I learned that it was still “good enough” so I therefore had no rights to enforce my no pets policy. Landlords place the policy’s on houses for a reason and have every right to enforce them. I understand if the dog serves a functional purpose such has for a blind or deaf person. But emotional support dogs should only be allowed if a deposit is paid to protect the landlords rights to protect his property. A certain amount of training such has house trained and the landlord needs to have the right to have a professional certify that the dog has been house broken. I REPEAT this law is being ABUSED and this ABUSES needs to stop
You have to be joking that the landlord cannot ask for proof that it’s a service animal. That’s the difference between a pet and a service or assistance animal. That’s the reason tenants go to their doctors, psychologists, etc. for a recommendation or letter stating they require a service or assistance animal. Should landlord take the tenant’s word about their credit also. It’s my opinion that tenant’s don’t mention it at all until it comes up, then provide landlord with their letter or proof when they’re asked to remove the pet. As with everything else in the process everything should be in writing, not verbal.
Seems as if the author is encouraging self diagnosis of possible mental disorder. Only a qualified professional should make this determination. Owner’s/landlords have every right to determine that tenants with pets are not abusing the law.
According to another site these rules do not apply to rooms rented in a home when the number of rooms is less than six. Does California has this qualification?