**Can you be denied housing because of a service dog?**
Yes, it is illegal to deny housing to someone because of their service dog in the United States. Under the Fair Housing Act, landlords and housing providers are required to make reasonable accommodations for individuals with disabilities, which includes allowing them to have a service dog in their home.
This protection is extended to individuals with disabilities who rely on service dogs to perform specific tasks related to their disability. Whether it’s a guide dog for someone with visual impairments or a therapy dog for someone with PTSD, service dogs play a crucial role in enhancing the quality of life for individuals with disabilities.
While the Fair Housing Act prohibits discrimination based on disabilities, it is essential to understand the specific guidelines and requirements to ensure that your rights are protected. Here are some related FAQs on the topic:
1. Are landlords required to accept all types of service dogs?
No, landlords are not required to accept all types of service dogs. The dog must be trained to perform specific tasks directly related to the person’s disability.
2. Can a landlord ask for proof of the dog’s training or certification?
No, landlords cannot request proof of training or certification for a service dog. They can only ask for documentation that confirms the person’s disability and the need for the service dog.
3. Can landlords charge additional fees or deposits for having a service dog?
No, landlords cannot charge additional fees or deposits for individuals with service dogs. They must treat them like any other tenant and cannot impose any financial burdens specifically related to the service dog.
4. Can a landlord refuse a service dog based on breed or size restrictions?
No, landlords cannot refuse a service dog based on breed or size restrictions. These types of restrictions would be considered discriminatory under the Fair Housing Act.
5. Can homeowners’ associations (HOAs) deny someone with a service dog from living in their community?
No, homeowners’ associations cannot deny someone with a service dog from living in their community. They must adhere to the same regulations as landlords under the Fair Housing Act.
6. Can a landlord evict someone with a service dog?
A landlord can only evict someone with a service dog if they pose a direct threat to the safety or health of others, or if their presence substantially interferes with the rights of other tenants.
7. Can someone be denied housing due to allergies towards dogs?
While allergies are a valid concern, landlords are still required to make reasonable accommodations for individuals with disabilities. They may need to explore alternatives such as assigning a different unit in the building or implementing additional cleaning measures.
8. Are emotional support animals (ESAs) treated the same as service dogs?
No, emotional support animals are not considered service dogs under the Fair Housing Act. However, they may still be protected under different laws and regulations.
9. Can a landlord require an individual to provide ongoing proof of their disability or need for a service dog?
No, a landlord cannot require ongoing proof of disability or need for a service dog once the initial documentation has been provided.
10. Can a landlord establish specific pet policies that apply to service dogs?
No, landlords cannot apply specific pet policies to service dogs. They must make reasonable accommodations, which includes exceptions to pet policies and restrictions.
11. Can a landlord refuse to rent to someone with a service dog if they have a no-pets policy?
Yes, landlords can refuse to rent to someone with a service dog if they have a strict no-pets policy. However, they must make reasonable accommodations by allowing the individual with a disability to keep the service dog despite the policy.
12. Can a landlord deny housing to someone with a service dog if it causes damage to the property?
If the service dog causes excessive damage to the property or poses a direct threat, a landlord may be able to refuse housing. However, they must provide an opportunity for the individual to rectify the situation before resorting to denial.