Key Takeaways
- Service animals are not pets: Under federal law, landlords must make reasonable accommodations for service animals, regardless of pet policies, breed, or size.
- Legal protections apply: The ADA and Fair Housing Act protect tenants with disabilities and prohibit landlords from asking for medical details or charging pet fees for service animals.
- Landlords have rights, too: While you must allow service animals, you can still hold tenants accountable for damages, request health records, and enforce rules if the animal is disruptive.
Many landlords set pet policies, but these don’t apply to service animals. Under federal law, service animals aren't considered pets, they’re trained to assist people with disabilities and must be treated accordingly.
Refusing to rent to someone with a service animal is illegal. To stay compliant and fair, landlords must understand their legal responsibilities.
In this article, Sun-Pro Realty and Management covers everything you need to know about renting to tenants with service animals, including legal protections, qualifying animals, and tenant rights.
Legal Protections for Service Animals
Service animals are protected under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). These laws prevent landlords from discriminating against individuals with disabilities and guarantee equal housing access.
Under these laws, a tenant may qualify for reasonable accommodations like allowing service animals on the property if they have a physical or mental impairment that substantially limits one or several major life activities.
This includes walking, seeing, working, cleaning, dressing, and any similar activities. Additionally, tenants with disabilities could also request reasonable accommodations for emotional support animals.
When a tenant requests accommodation for a service animal, they only need to state that the animal is required because of a disability and explain the specific task the animal is trained to perform.
Landlords cannot demand detailed medical records, proof of disability, or invasive personal information about the tenant’s condition. Asking about the nature or extent of a disability is prohibited under federal law.
In cases involving emotional support animals, tenants may provide documentation from a licensed healthcare professional, but even then, landlords must respect privacy and only request information directly relevant to the accommodation.
Types of Service Animals Protected
There are only two types of assistance animals protected under the ADA and Fair Housing Act. These are:
Service Animals
The Americans with Disabilities Act only recognizes dogs (of any size and breed) as service animals.
Unlike normal pets, these animals are trained to perform specific tasks that assist a person with a disability, such as guiding the visually impaired, alerting someone with diabetes that their blood sugar is low, supporting someone with hearing loss, or detecting seizures.
What sets service animals apart from normal pets is their training. Service dogs are carefully trained by experts to do their tasks and are subsequently certified.
Because of this, service animals are generally quiet, calm, and well-behaved. However, the ADA doesn’t require service dogs to be licensed and vaccinated. Likewise, tenants are not required to provide proof that their pet is a licensed service animal when requesting accommodation.
Emotional Support Animals
Emotional support animals (ESAs) provide valuable comfort to individuals simply by being with them.
These animals aren’t required to go through any special training, but their owners need proper documentation from a licensed healthcare professional stating that the animal is necessary to help manage a mental or emotional disability.
Unlike service animals, ESAs are not granted the same public access rights. They’re also not protected under the ADA. However, due to fair housing laws, landlords must generally allow them as a reasonable accommodation, as long as the request is properly supported.
Landlords’ Responsibilities Toward Tenants with Service Animals
Fair housing laws require landlords to provide “reasonable accommodations” to tenants with disabilities.
This includes allowing service animals on the property, regardless of existing pet policies. Here are some key things to keep in mind when dealing with tenants with service animals:
- You cannot collect a pet deposit or charge additional pet fees to tenants with a service animal. After all, they’re not pets, but rather necessary medical assistance animals.
- You cannot enforce weight limits or breed restrictions for service animals. According to the ADA, dogs of any size and breed can be service animals.
- You can request written verification from the tenant’s health care provider that they are disabled or that their service animal is medically necessary, but you cannot ask for any specifics about their condition. Respecting tenant privacy while ensuring compliance with the law is key to avoiding discrimination claims.
- You can write warnings or even evict a tenant with an assistance animal disturbing neighbors, posing a threat to others, or causing considerable damage to the property.
- You can hold tenants accountable for any property damage caused by their assistance animals. This includes charging them for damages that go beyond normal wear and tear.
- You can request copies of the animal’s health records to prove the animal is in good health, parasite-free, and up-to-date with its vaccinations.
In some places, service animals are only allowed in the rental unit and not in community areas, like shared gardens, pools, or recreational areas. Check your local fair housing laws to see if this is the case in your state.
Bottom Line
Every landlord should understand the laws regarding service animals to avoid costly mistakes and ensure fair housing practices.
Service animals aren’t considered pets. They are vital companions trained to help individuals with disabilities live independently. Failing to provide reasonable accommodation to such animals can result in hefty fines and a damaged reputation.
By understanding which animals qualify as service animals, what protections apply, and what responsibilities landlords must uphold, you can protect yourself legally while fostering inclusive, respectful rental communities.
In the end, compliance benefits both landlords and tenants, making the rental experience smoother and more equitable for everyone. Want to learn more about the laws regarding service animals in Florida rentals? Contact Sun-Pro Realty and Management today!
