Leasing Homes: Support/Service Animal Regulations Rights
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Service/Companion Animals and Rental Properties
Individuals with disabilities, including those who depend on service or emotional support (companion) animals, are protected by federal and state laws.
- What is the difference between a Service and an Emotional Support Animal
A service animal is any guide dog, signal dog, or horse individually trained to provide assistance to an individual with a disability. An emotional support animal provides comfort to a person with a psychiatric disability, but is not trained to perform specific tasks to assist them. Emotional support animals are not limited to dogs or horses.
- Even though the housing complex has a “no-pets” policy, can a resident have a service or emotional animal?
Yes. We are required by law to make reasonable accommodations for people with disabilities. This includes making exceptions to the “no-pets” policy and allowing service and emotional support animals.
We are not required to make reasonable accommodations for any rental applicants with a disability who happen to have a pet. We are only required to make reasonable accommodations for individuals who are disabled and use the services of a service or emotional support animal.
- What am I allowed to ask an applicant who requests accommodation to allow a service or emotional support animal?
You may only ask an applicant for the following regarding the service or emotional support animal:
- Verification that the applicant/resident has a disability and a disability-related need for the requested accommodation;
- Documentation of the disability and need for the animal from an appropriate third party (i.e., medical provider, mental health provider, other professional).
You may also ask for information necessary to evaluate the disability-related need for the requested accommodation, such as:
- Ability to meet requirements of tenancy/ownership;
- Whether applicant is qualified for a dwelling available only to persons with handicaps;
- Whether an applicant is qualified for priority available to persons with handicaps;
- Whether the applicant is a current illegal abuser or addict of a controlled substance;
- Whether applicant has been convicted of the illegal manufacture/distribution of a controlled substance.
- What am I NOT allowed to ask from an applicant?
You cannot ask an applicant for the following information:
- If he or she has a disability when the applicant does not raise the issue first;
- Nature or extent/severity of the disability
This also means that you cannot ask an applicant for his or her medical records.
Note: You cannot require documentation if the disability or need is relatively apparent, obvious, or already known to the provider. For example, a blind tenant should not be required to provide documentation of his or her disability and need for a guide dog. In fact, if an applicant’s disability is obvious, and if the need for the requested accommodation is obvious, then you cannot request any additional information
- Can I charge an extra fee or require additional deposit from applicants with disabilities?
No. You cannot charge a fee or require additional security deposit as a condition of allowing the service or emotional support animal. However, you can charge the applicant/tenant at the end of his or her tenancy for any damage caused by the service or emotional support animal (beyond that of normal wear and tear).
- What are appropriate methods of documentation/verification of disability?
Verification of disability may be obtained through the following methods:
- A third party verification form that we send to the applicant or resident’s physician, psychologist, clinical social worker, or Veteran’s Administration. This form must be signed by the applicant/resident authorizing the release of such information to the owner;
- Receipt of social security disability payments.
- Examples of When Owners Must Make Reasonable Accommodations
- An owner that does not allow residents to have animals must modify the property’s policies and allow a tenant with a disability to have an assistance animal if the animal is needed as a reasonable accommodation.
- Because of a vision disability, a tenant requests permission to have a guide dog reside with her in her apartment. The housing provider has a “no-pets” policy. This is a request for a reasonable accommodation, and the housing provider must grant the accommodation.
- An applicant responds to a rental listing (MLS, Craigslist or elsewhere) which state “no pets” . The applicant asks if they can have their Chihuahua companion pet which eases the applicant’s anxiety. Leasing agent can only respond by asking for the applicant to provide a doctor’s note (or request for accommodation). If the doctor’s note is provided, the leasing agent must not refuse to rent because of the “no pets” policy, nor impose any additional restrictions on the renter/applicant such as increased security deposits.
- Advertising Rental Properties
- Keller Williams Realty requires that the following verbiage to be included in all rental advertising: “We are an Equal Opportunity Housing Provider and follow all fair housing laws.”
- Additional Information
Additional information can be found online:
- Psychiatric Service and Emotional Support Animals, by Disability Rights California– This booklet is directed primarily towards individuals with disabilities, but it also provides a comprehensive overview of tenants’ and applicants’ housing rights under the Fair Housing Amendments Act and comparable California laws (http://www.justice.gov/crt/about/hce/joint_statement_ra.pdf).
- Reasonable Accommodations Under the Fair Housing Act, Joint Statement of the Department of Housing and Urban Development and the Department of Justice– Answers to various questions regarding the rights and obligations of persons with disabilities and housing providers under the Fair Housing Act (http://www.justice.gov/crt/about/hce/joint_statement_ra.pdf).
- Fair Housing Act, National Fair Housing Advocate Online—an online copy of the entire Fair Housing Act–(http://www.fairhousing.com/index.cfm?method=page.display&pagename=fha_index).