Can Your Landlord Stop You from Getting a Service Dog?
If you have a disability and rely on a service dog for assistance, you may wonder whether your landlord can prevent you from having a service animal in your rental unit. The answer is no. According to the Fair Housing Act, landlords must make reasonable accommodations for tenants with disabilities, which includes allowing service animals in rental units.
The Fair Housing Act prohibits discrimination in housing based on disability, including the use of service animals. Landlords cannot refuse to rent to someone or evict someone because they have a service animal. They also cannot charge extra fees or deposits for having a service animal.
Landlords are required to make accommodations for service animals under the Fair Housing Act, which includes allowing the animal to reside with the tenant, even if the building has a “no pets” policy. However, there are a few exceptions, such as if the landlord owns a building with four or fewer units and resides in one of the units, or if the building is a single-family home rented without a real estate agent.
If you have a disability and require the assistance of a service animal, it is important to inform your landlord of your need for the animal. You may need to provide documentation from a healthcare provider to support your request for a reasonable accommodation under the Fair Housing Act.
FAQs Related to Landlords and Service Dogs:
1. Can a landlord require me to pay a pet deposit for my service dog?
No, landlords cannot charge extra fees or deposits for having a service animal under the Fair Housing Act.
2. Can my landlord ask for documentation to prove that my animal is a legitimate service animal?
While landlords can ask for documentation to verify that the animal is a service animal, they cannot request details about your disability or medical records.
3. Can a landlord refuse to rent to me if I have a service dog?
Landlords cannot refuse to rent to someone or evict someone because they have a service animal under the Fair Housing Act.
4. Can a landlord evict me for having a service dog in violation of a “no pets” policy?
Under the Fair Housing Act, landlords must make reasonable accommodations for service animals, even if the building has a “no pets” policy.
5. Can my landlord restrict where my service dog is allowed within the rental unit?
Landlords cannot impose restrictions on where a service animal is allowed within a rental unit if the animal is necessary for a disability.
6. Can a landlord deny my request for a service dog if they claim it is a financial burden?
Landlords cannot deny a reasonable accommodation request for a service animal based on financial burden.
7. Can a landlord ask for information about my disability to approve my request for a service dog?
Landlords can request documentation to verify that the animal is a service animal, but they cannot ask for details about your disability or medical records.
8. Can a landlord refuse to renew my lease because I have a service dog?
Landlords cannot refuse to renew a lease or evict a tenant because they have a service animal under the Fair Housing Act.
9. Can my landlord require me to have insurance for my service dog?
While landlords can require tenants to have renter’s insurance, they cannot require insurance specifically for a service animal.
10. Can my landlord restrict the breed or size of my service dog?
Landlords cannot impose restrictions on the breed or size of a service animal if the animal is necessary for a disability.
11. Can a landlord force me to remove my service dog if other tenants complain?
Landlords must make reasonable accommodations for service animals under the Fair Housing Act and cannot force a tenant to remove their service animal based on complaints from other tenants.
12. Can my landlord increase my rent because I have a service dog?
Landlords cannot increase a tenant’s rent because they have a service animal under the Fair Housing Act.