Are ADA service animals allowed in housing?
**Yes**, ADA service animals are allowed in housing under the Fair Housing Act (FHA). The FHA provides protection and allows individuals with disabilities to live with their service animals in almost all types of housing, including houses, apartments, and condominiums.
1. Are emotional support animals considered service animals under the ADA?
No, emotional support animals are not considered service animals under the ADA. However, they may be protected under the FHA if their presence is necessary to alleviate the symptoms of a disability.
2. Can a landlord ask for documentation to prove that an animal is a service animal?
Yes, landlords can request documentation, such as a letter from a healthcare provider, confirming that an individual has a disability and requires a service animal. However, they cannot ask for specific details about the disability.
3. Can landlords charge additional fees for service animals?
No, landlords cannot charge additional fees or deposits for service animals. They are also not allowed to refuse to rent to individuals with disabilities due to their service animal.
4. Can landlords impose weight or breed restrictions on service animals?
No, landlords cannot impose weight or breed restrictions on service animals. Size, breed, or weight limitations are considered discriminatory under the FHA.
5. Can homeowners associations (HOAs) deny service animals?
No, HOAs are required to allow service animals in housing units that fall under their jurisdiction. They must comply with the FHA regulations and provide reasonable accommodation to individuals with disabilities.
6. Can a service animal be evicted if it causes damage to the property?
If the service animal causes excessive damage to the property, the landlord may have the right to take action. However, they cannot evict the tenant solely based on the behavior of the service animal. The tenant should be given an opportunity to correct the issue.
7. Can a landlord deny a service animal if there are already pets allowed in the building?
No, a landlord cannot deny a service animal even if there is a “no pets” policy in place. Service animals are considered a reasonable accommodation for individuals with disabilities.
8. Can landlords ask about the tasks or functions performed by a service animal?
No, landlords are not allowed to inquire about the specific tasks or functions performed by a service animal. They may only ask if the animal is required due to a disability and what work or task it has been trained to perform.
9. Does a service animal have to be professionally trained?
No, a service animal does not have to be professionally trained. It can be trained by the individual with a disability or by a third party. However, the animal must be trained to perform specific tasks related to the person’s disability.
10. Can the presence of a service animal be denied if it disturbs other residents?
If the service animal causes a substantial disturbance or poses a direct threat to the health or safety of others, the landlord may have the right to take action. However, they should explore alternative solutions before denying the presence of the service animal.
11. Can a landlord require a service animal to be on a leash or in control at all times?
Yes, a landlord can require that a service animal be under control. This may include being on a leash, unless it interferes with the service animal’s ability to perform its tasks.
12. Can a landlord refuse a service animal due to allergies of other residents?
No, a landlord cannot refuse a service animal due to allergies of other residents. The presence of a service animal is considered a reasonable accommodation and must be allowed despite any allergies.