Can NM landlord charge for a service dog?

Can NM landlord charge for a service dog?

**No, according to federal law, New Mexico landlords cannot charge extra fees or deposits for tenants with service dogs.**

Service animals are not considered pets under the law and are granted specific protections under the Americans with Disabilities Act (ADA).

FAQs about service animals in rental properties:

1. Can a landlord deny housing to someone with a service dog?

No, it is illegal for landlords to deny housing to someone with a service dog due to their disability.

2. Can a landlord charge a pet deposit for a service dog?

No, landlords cannot charge pet deposits or additional fees for service animals as they are not considered pets.

3. Can a landlord require documentation for a service dog?

Landlords are allowed to ask for documentation confirming that the tenant has a disability and requires a service animal. However, they cannot ask for specifics about the disability.

4. Can a landlord evict a tenant for having a service dog?

No, landlords cannot evict tenants solely because they have a service animal. Doing so would be considered discrimination under the ADA.

5. Can a landlord refuse to rent to someone with a service dog if they have a no-pet policy?

Landlords must make exceptions to their no-pet policies for tenants with disabilities who require service animals. They cannot refuse to rent to someone with a service dog based on a no-pet policy.

6. Can a landlord charge higher rent for tenants with service animals?

No, landlords cannot charge higher rent for tenants with service animals as this would be considered discrimination.

7. Can a landlord ask for proof of training for a service dog?

Landlords are not allowed to ask for proof of training for service dogs. The focus should be on whether the tenant has a disability and requires the service animal.

8. Can a landlord provide accommodations for a tenant with a service dog?

Landlords are required to provide reasonable accommodations for tenants with service animals, such as allowing them to live in a pet-free building.

9. Can a landlord charge for damages caused by a service dog?

Landlords can hold tenants with service animals responsible for any damages caused by their animals, just like any other tenant.

10. Can a landlord ask a tenant with a service dog to leave if the dog is disruptive?

Landlords can ask tenants with service animals to leave if the animal is being disruptive or causing a nuisance to other tenants. However, they must have valid reasons for doing so.

11. Can a landlord set weight or breed restrictions for service dogs?

Landlords cannot set weight or breed restrictions for service dogs, as these animals are specifically trained to assist individuals with disabilities regardless of their size or breed.

12. Can a landlord require a service dog to wear a vest or identification?

Landlords cannot require service dogs to wear vests or identification tags as they are not legally required to do so. The focus should be on the tenant’s disability and the need for the service animal.

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