When it comes to renting a home, many individuals rely on the assistance of service dogs for various disabilities. However, some landlords may have concerns about allowing service animals on their property. The question remains: can a landlord refuse service dogs?
The simple answer is no. Under the Fair Housing Act, landlords are required to make reasonable accommodations for individuals with disabilities, including allowing service animals. Service animals are not considered pets, but rather necessary aids for individuals with disabilities. Therefore, landlords cannot refuse service dogs based on a no-pet policy or breed restrictions.
Service dogs are trained to perform tasks that assist individuals with disabilities, such as guiding the blind, alerting to seizures, or providing emotional support. These animals are not considered pets under the law and must be allowed in rental properties even if there are restrictions on pets.
Some landlords may have concerns about damage or disruptions caused by service dogs, but the Fair Housing Act protects individuals with disabilities from discrimination. Landlords cannot refuse service dogs based on fear of damage or inconvenience. They also cannot charge additional fees or deposits for service animals.
If a landlord refuses to allow a service dog, they may be violating the Fair Housing Act and could face legal consequences. Tenants who believe they have been discriminated against can file a complaint with the Department of Housing and Urban Development (HUD) or pursue legal action.
FAQs about Landlords and Service Dogs:
1. Can a landlord require documentation for a service dog?
Yes, landlords can require documentation from a healthcare provider confirming the individual’s disability and the necessity of a service dog. However, they cannot ask for specific details about the disability.
2. Can a landlord charge a pet deposit for a service dog?
No, landlords cannot charge a pet deposit or additional fees for service dogs. They must treat service animals like any other accommodation for individuals with disabilities.
3. Can a landlord request proof of training for a service dog?
Landlords can ask for information about the training of a service dog if the disability is not readily apparent. However, they cannot request specific training certificates or documentation.
4. Can a landlord refuse a service dog if there are other tenants with allergies?
Landlords must balance the needs of individuals with disabilities and other tenants. In cases of severe allergies, landlords may need to consider alternative accommodations for both parties.
5. Can a landlord restrict the size or breed of a service dog?
No, landlords cannot restrict the size or breed of a service dog. They must allow any type of service animal that assists a person with a disability.
6. Can a landlord evict a tenant for having a service dog?
Evicting a tenant for having a service dog is considered discrimination under the Fair Housing Act. Landlords cannot evict tenants for having a service animal.
7. Can a landlord require a service dog to wear a vest or identification?
Landlords cannot require service dogs to wear specific identification or vests. Service animals do not need to be visibly identified to receive protection under the law.
8. Can a landlord deny a service dog based on the type of disability it assists with?
No, landlords cannot deny a service dog based on the type of disability it assists with. The Fair Housing Act protects individuals with all types of disabilities.
9. Can a landlord ask a tenant to remove a service dog for causing disturbances?
Landlords can address behavior issues caused by a service dog, but they must do so in a way that does not discriminate against the individual with a disability. They may need to work with the tenant to find a solution.
10. Can a landlord ask for updated documentation for a service dog?
Landlords can request updated documentation for a service dog if there is a significant change in the tenant’s circumstances. However, they should be mindful of not creating undue burden on the tenant.
11. Can a landlord refuse a service dog if there are already pets in the building?
Landlords cannot refuse a service dog if there are already pets in the building. Service animals have a different legal status than pets and must be permitted regardless of other animals in the building.
12. Can a landlord require a tenant with a service dog to carry liability insurance?
Landlords cannot require tenants with service dogs to carry liability insurance specifically for the service animal. They must treat service dogs like any other accommodation for individuals with disabilities.