When it comes to renting a home, many tenants face the dilemma of whether they can have a service dog with them. This is a common question that arises due to the misconception that landlords can refuse service dogs in rental properties. However, the answer is clear – **rental homes cannot turn down service dogs.**
According to the Fair Housing Act, landlords are required to make reasonable accommodations for tenants with disabilities, including those who rely on service dogs. This means that landlords must allow tenants with service dogs to live in their properties, even if they have a strict no-pet policy.
However, there are some exceptions to this rule. If the service dog poses a direct threat to the safety or property of others, the landlord may have grounds to refuse accommodation. Additionally, if the presence of the service dog would cause undue financial hardship to the landlord, they may be exempt from allowing the dog.
It’s important for tenants to understand their rights when it comes to having a service dog in a rental property. By knowing the law and advocating for themselves, tenants can ensure that they have equal access to housing with their service animals.
FAQs about service dogs in rental homes:
1. Can a landlord charge extra fees for a service dog?
In most cases, landlords cannot charge extra fees for service dogs as they are considered a reasonable accommodation under the Fair Housing Act.
2. Can a landlord require documentation for a service dog?
Landlords can request documentation verifying the need for a service dog, such as a letter from a healthcare provider. However, they cannot ask for specific details about the tenant’s disability.
3. Can a landlord evict a tenant for having a service dog?
It is illegal for a landlord to evict a tenant solely because they have a service dog. This would be a violation of the Fair Housing Act.
4. Can a landlord set weight or breed restrictions for service dogs?
Landlords cannot set weight or breed restrictions for service dogs under the Fair Housing Act. They must make accommodations for all types of service animals.
5. Can a landlord require training or certification for a service dog?
Landlords cannot require specific training or certification for service dogs. As long as the animal is trained to assist with the tenant’s disability, it is considered a service dog.
6. Can a landlord refuse to rent to someone with a service dog?
It is illegal for a landlord to refuse to rent to someone solely because they have a service dog. This would be considered discrimination under the Fair Housing Act.
7. Can a landlord charge a pet deposit for a service dog?
Landlords cannot charge a pet deposit for a service dog as they are not considered pets under the law. They are working animals that provide assistance to individuals with disabilities.
8. Can a landlord request to meet the service dog before approving accommodation?
Landlords cannot require to meet the service dog before approving accommodation. They can only request documentation verifying the need for the service dog.
9. Can a landlord ban all pets, including service dogs, from the property?
Landlords cannot ban service dogs from the property as they are considered a reasonable accommodation under the law. They must make exceptions for tenants with service animals.
10. Can a landlord make changes to the rental agreement to accommodate a service dog?
Landlords may need to make changes to the rental agreement, such as allowing the service dog to live in the property. These changes are considered reasonable accommodations under the law.
11. Can a landlord require a service dog to wear a vest or identification badge?
Landlords cannot require a service dog to wear a vest or identification badge. These requirements do not reflect the laws regarding service animals.
12. Can a landlord ask about the nature of the tenant’s disability to prove the need for a service dog?
Landlords cannot ask about the nature of the tenant’s disability to prove the need for a service dog. They can only request documentation from a healthcare provider verifying the need for the service animal.