In recent years, the debate surrounding rental policies and service animals has gained considerable attention. There is increasing concern about the legality of denying housing based on a no-pet policy since more people rely on service animals for a variety of disabilities.
In this blog, we’ll explore the rights of individuals with service animals, the distinction between pets and service animals, and the implications for landlords with no-pet policies.
Understanding Service Animals:
The role of a service animal is crucial to improving the quality of life of people with disabilities by providing assistance and support. ADA defines service animals as dogs that are individually trained to perform tasks or work for people with disabilities. It could involve guiding blind individuals, alerting hearing-impaired individuals, pulling wheelchairs, or providing medical assistance during an emergency.
Legally, five types of service animals are allowed to be kept as pets: Dog, cat, bird, hamster, and guinea pig.
Watch this video to learn more about service animals and pet policies:
Legal Protections for Service Animals:
A service animal used by an individual with a disability is protected by the ADA under extensive legal protections. A key aspect of service animals is that they are not considered pets; they are working animals. They are therefore exempt from typical pet restrictions imposed by landlords.
So, ADA allows pets to go with their owners if they are assisting them regardless of the housing landlord restrictions. Also, these animals are allowed in hospitals if they help their owners, but should not be allowed in operating rooms or burn units where the presence of an animal can be sterile. ADA, however, also mentions that these assistive animals must be controlled by leashing, harnessing, or tethering unless using these devices hinders the performance of their tasks.
No-Pet Policies vs. Service Animals:
It is true that landlords can enforce no-pet policies, but these policies do not apply to service animals. The Americans with Disabilities Act mandates reasonable accommodations for people with disabilities. To accommodate a tenant with a qualified service animal, a landlord must make an exception to the no-pet policy.
Reasonable Accommodation:
Under the Fair Housing Act (FHA), landlords are required to make reasonable accommodations for individuals with disabilities. As a property manager, you must also provide reasonable accommodations for the invisible disabilities, if the resident provides relevant documentation. So, you should know how to recognize the person who needs reasonable accommodations. But you can also say “no” for providing reasonable accommodations if there are certain reasons like undue hardship, misinformation, fundamental alterations, etc.
In most cases, you should provide reasonable accommodations because this helps people with disabilities to live independently.
It includes allowing tenants with disabilities to have service animals, despite a no-pet policy. If such accommodations are denied, discrimination may occur and the FHA may be violated. You should consult with industry experts and advocates for the best advice.
Documentation and Verification:
Generally, landlords cannot request documentation for a service animal or inquire about the disability. However, they can request proof that the animal is indeed a service animal, such as certification from a recognized training institution. When dealing with tenants, landlords must exercise caution and refrain from asking intrusive questions that may violate their privacy.
Conclusion:
In the realm of rental housing, navigating the intersection of no-pet policies and service animals requires a nuanced understanding of legal obligations. While landlords are entitled to enforce no-pet policies, they must make exceptions for individuals with disabilities who rely on service animals. Striking a balance between property management and respecting the rights of individuals with disabilities is crucial for fostering inclusive and fair housing practices. As awareness grows and legal frameworks evolve, it is essential for both tenants and landlords to stay informed about their rights and responsibilities in this evolving landscape.
