**Should I rent to a tenant with a service animal?**
As a landlord or property manager, you may find yourself wondering whether or not you should rent to a tenant with a service animal. It is natural to have concerns, but it is important to understand the laws and regulations that protect individuals with disabilities and their right to have a service animal. In this article, we will explore the topic in depth and provide you with the information you need to make an informed decision.
First and foremost, it is crucial to understand that service animals are not considered pets. They are highly trained to perform specific tasks or provide assistance to individuals with disabilities. The Americans with Disabilities Act (ADA) defines a service animal as a dog (and in some cases, a miniature horse) that is trained to do work or perform tasks for an individual with a disability.
The ADA grants certain rights and protections to individuals with disabilities and their service animals. It prohibits discriminatory practices against these individuals, including denying them housing on the basis of their service animal. This means that as a landlord, you cannot refuse to rent to a tenant simply because they have a service animal.
So, should you rent to a tenant with a service animal? The simple answer is yes. Denying a rental application based solely on the presence of a service animal would be a violation of the ADA. By refusing to rent to someone with a disability and a service animal, you may open yourself up to lawsuits and legal consequences.
However, there are a few exceptions to this rule. If the presence of the service animal poses a direct threat to the health or safety of others, or if the accommodation would impose an undue financial and administrative burden on the landlord, then you may have valid reasons to deny the application. However, these exceptions are narrowly defined and require substantial evidence to support your decision.
FAQs:
1. Can I charge an additional pet deposit for a service animal?
No, you cannot charge an additional pet deposit or any other fees for a service animal. They are not considered pets.
2. What if other tenants are allergic to dogs?
If a tenant has a legitimate allergy to dogs, you may need to consider their health concerns and make reasonable accommodations for all parties involved. Consult with legal counsel to determine the best course of action.
3. Can I request documentation or proof of disability?
You are not allowed to request documentation or proof of disability when it comes to service animals. Doing so would be a violation of the ADA.
4. What if the tenant’s service animal causes damage to the property?
Just like any other tenant, the tenant is responsible for any damages caused to the property beyond normal wear and tear. However, it is important to note that damage caused by a service animal’s work or tasks should not be considered a reason to deny the application.
5. Can I specify weight or breed restrictions for service animals?
No, you cannot impose weight or breed restrictions specifically for service animals. Service animals can be of any breed or size as long as they are trained to perform tasks or work for individuals with disabilities.
6. What if the tenant’s service animal is disruptive or aggressive?
If the service animal is posing a direct threat to the health or safety of others, you may have grounds to deny the application. However, it is important to gather evidence and consult with legal counsel before making any decisions.
7. Can I require my tenant to provide training records for the service animal?
No, you cannot require training records for the service animal. The ADA does not mandate any specific certification or training requirements for service animals.
8. What if the rental property has a no-pets policy?
Even if your rental property has a no-pets policy, you must make an exception for service animals. Service animals are not considered pets under the law.
9. Can I evict the tenant if I change my mind about allowing the service animal?
Once you have approved a tenant with a service animal, you cannot change your mind and evict them solely because of the presence of the service animal. Doing so would likely be a violation of the ADA.
10. What about emotional support animals?
Emotional support animals are not considered service animals under the ADA. However, they may be protected under different housing laws. Consult with legal counsel to understand your obligations regarding emotional support animals.
11. Can I charge higher rent for tenants with service animals?
No, you cannot charge higher rent specifically because a tenant has a service animal. Charging higher rent would be considered discrimination under the ADA.
12. Can a service animal be left alone in the rental unit?
Yes, a service animal can be left alone in the rental unit. They should be well-behaved and not cause any disturbances, just like any other tenant would be expected to ensure their pet does not disrupt neighbors.