Assistance Animals: Landlords Know Your Rights and Requirements

assistance-animals

While landlords are usually free to allow, or ban pets from their rentals, and are well within their rights to do so, there’s one very important exception to this rule that landlords should know about: assistance animals.

When it comes to the issue of service animals and emotional support animals (ESAs), landlords should note that these animals are exempt from no-pets policies. The reason is simple: these animals are not considered to be pets, but rather necessary aids for someone who has a disability. Because they don’t fall under the category of pets, landlords should make every effort to accommodate a reasonable request from a tenant who has a disability and allow these animals in their units. Landlords should also waive any pet rent or additional security deposits that they would normally require for pets.

When leasing their homes, some homeowners may feel concerned –that there’s room to exploit this system and attempt to smuggle pets in under the guise of service animals or emotional support animals; there’s no need for alarm. While a landlord is required to make reasonable accommodations for requests from people with disabilities, they also have rights to screen requests to ensure legitimacy.

If you’re a landlord –and wondering how you should treat requests for service animals or emotional support animals, read on. In this guide we’ll explore the difference between pets, service dogs, and emotional support animals; and see what your obligations –and rights are as a landlord.

Defining What Roles Animals Play

First, let's look at the three different categories of animals; and see the difference between pets, service animals, and emotional support animals.

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