Does a private landlord have to allow service animals?
In short, yes. Under the Fair Housing Act (FHA), private landlords are required to allow individuals with disabilities to have service animals as a reasonable accommodation in their rental properties. This includes both emotional support animals and service animals.
Service animals are not considered pets under the FHA, which means that landlords cannot discriminate against tenants with disabilities who require a service animal for assistance or emotional support.
Denying a disabled tenant the right to have a service animal could constitute discrimination under the FHA and can result in legal consequences for the landlord. It is important for private landlords to understand their obligations under the law and ensure that they comply with the FHA when it comes to accommodating tenants with disabilities and their service animals.
FAQs about service animals and private landlords:
1. Can a private landlord charge extra fees for allowing a service animal?
No, a landlord cannot charge extra fees or deposits for allowing a service animal as a reasonable accommodation under the FHA.
2. Can a landlord request documentation for a service animal?
Yes, a landlord can request documentation from a tenant’s healthcare provider confirming the need for a service animal.
3. Can a landlord refuse to rent to someone with a service animal?
No, a landlord cannot refuse to rent to someone with a service animal as it would be considered discrimination under the FHA.
4. Can a landlord evict a tenant for having a service animal?
No, a landlord cannot evict a tenant for having a service animal as a reasonable accommodation under the FHA.
5. Can a landlord set breed or size restrictions for service animals?
No, a landlord cannot set breed or size restrictions for service animals as they are not considered pets under the FHA.
6. Can a landlord require a service animal to wear a vest or identification?
No, a landlord cannot require a service animal to wear a vest or identification as it is not a requirement under the FHA.
7. Can a landlord refuse a service animal based on allergies or fear of animals?
No, a landlord cannot refuse a service animal based on allergies or fear of animals as it would be considered discrimination under the FHA.
8. Can a landlord restrict where a service animal is allowed within the rental property?
A landlord cannot unreasonably restrict where a service animal is allowed within the rental property, as the animal must be able to accompany the tenant wherever they go within the property.
9. Can a landlord ask for ongoing proof of the need for a service animal?
A landlord cannot ask for ongoing proof of the need for a service animal unless there is a significant change in the tenant’s circumstances that would warrant a new request for documentation.
10. Can a landlord require a service animal to be professionally trained?
No, a landlord cannot require a service animal to be professionally trained as a condition for allowing it in the rental property.
11. Can a landlord refuse to rent to someone with an emotional support animal?
No, a landlord cannot refuse to rent to someone with an emotional support animal as it would be considered discrimination under the FHA.
12. Can a landlord refuse to rent to someone with a service animal if there is a no-pet policy?
No, a landlord cannot refuse to rent to someone with a service animal if there is a no-pet policy in place, as service animals are not considered pets under the FHA.