When deciding whether to allow pets in your rental, your word as a property owner is usually final. However, refusing certain assistance animals from your property could result in severe legal consequences. Distinguishing between types of service animals and their legal rights will help landlords understand the implications of renting fairly to all tenants.
Three of the most common types you will encounter include service dogs, therapy dogs, and emotional support animals:
- Service dogs are trained to directly assist their handler’s disability.
- Therapy dogs provide comfort and affection to vulnerable populations.
- Emotional support animals provide therapeutic benefits to a handler through companionship.
Differentiating Between Service Dogs, Therapy Dogs, and Emotional Support Animals
When a tenant requests to appeal a no-pet policy or forego related restrictions, you may be legally required to comply. Under the ADA (Americans with Disabilities Act), animals that benefit a person’s disability are granted legal rights that exempt them from public and private regulations.
Although these animals have critical responsibilities, they carry distinct legal rights based on their official titles. Knowing how to distinguish between the three allows you to understand your and your tenant’s rights regarding pets in your rental property
Service Dogs
According to the Americans with Disabilities Act, service dogs are “dogs that are individually trained to work or perform tasks for people with disabilities.” Examples of responsibilities include:
- Guiding those who are blind
- Assisting those who are deaf
- Pulling a wheelchair
- Alerting someone who is having a seizure
- Calming a person who is having an anxiety attack
A few key factors must be true for service dogs to qualify under the ADA. First, they must be trained to assist a specific handler. Secondly, the animal must be trained to perform a task directly related to its handler’s disability. For example, a service dog assisting someone with diabetes will alert its handler if their blood sugar spikes.
No official guidelines qualify a dog as a legal service animal as long as it is well kept, behaved, and demonstrates training for its handler’s disability.
What are Service Dogs’ Legal Rights?
Service dogs are considered working animals, not pets. They are permitted in all public areas and are exempt from private restrictions. Regardless of a property’s pet policy, the Fair Housing Act legally requires landlords make a “reasonable accommodation” for those who benefit from a service animal. Remember denying a tenant’s need for a service dog could result in discrimination claims or even a lawsuit.
Tread carefully when verifying which tenants and animals are protected under the ADA. Since organizations are not permitted to require proof of disability or service dog certification, your tenant will unlikely have any official documentation verifying their animal’s status. If you want documentation for your records, you can ask for a doctor’s letter stating your tenant's disability benefits from their service animal. Directly asking about a person’s disability is illegal. However, you may ask:
- If the dog is required because of a disability
- What tasks the dog performs
The ADA does not restrict the size or breed of service dogs, so landlords must modify their policies for qualifying tenants. Additionally, all service dogs are exempt from pet fees and pet rent. However, security deposits may be nonrefundable for tenants whose animals cause notable damage.
Therapy Dogs
Therapy dogs are pets that live and volunteer with their owners to provide comfort, affection, and companionship to people in public settings, such as:
- Hospitals
- Mental health institutions
- Nursing homes
- Schools
Therapy dogs are not considered working animals. Unlike service dogs, these companions are not trained to aid a specific handler’s disability. Rather than working to monitor the health and safety of its handler, a therapy dog socializes in public settings to share its loving nature with the community. Examples might include visiting a retirement home or providing emotional relief to hospital patients.
There are no qualifications an animal must meet to be a therapy dog, though many organizations offer certifications. If the animal is naturally friendly, easygoing, and affectionate around strangers, it is an eligible candidate.
What are Therapy Dogs’ Legal Rights?
Therapy dogs are not service animals under the ADA and therefore are not protected by the same laws. Although they provide comfort to the people they visit, therapy dogs are not vital to the health or safety of their handlers.
Property owners are not legally obligated to modify their lease or pet policy for owners of a therapy dog. Even if the animal is used for its handler’s benefit, landlords have the right to deny “comfort animals” (not to be confused with emotional support animals). Therapy dogs are only permitted where they are invited and have no right to enter animal-restricted areas, in public or private spaces.
Emotional Support Animals
According to the US Department of Housing and Urban Development, an emotional support animal (ESA) is “any animal that provides emotional support alleviating one or more symptoms or effects of a person’s disability.” Although ESAs are not trained to perform specific tasks that assist disabilities, they aid their handler by alleviating symptoms associated with:
- Depression
- Anxiety
- Phobias
- Loneliness
Emotional support animals are not considered service animals under the ADA, the key distinction being an ESA’s lack of specified training. Unlike a service dog, an emotional support animal is not trained to alert its handler of an impending panic or anxiety attack. Instead, their presence alone can soothe symptoms of severe conditions and psychological disorders.
For a furry companion to be considered an emotional support animal, a mental health professional must prescribe it to a patient with a diagnosed mental disorder.
What are Emotional Support Animals' Legal Rights?
Since ESAs are not considered service animals, they and their owners have fewer legal rights than their working counterparts. However, while the ADA does not protect emotional support animals, the Fair Housing Act mandates property owners to provide “reasonable accommodations” to tenants in need.
When a tenant with an ESA applies for rental housing, they are legally exempt from any pet fees, deposits, or pet rent. As with service dogs, landlords must modify existing leases to accommodate renters with support animals. To make sure that your lease is compliant with all state laws and local ordinances, create your lease agreement with Apartments.com. You can customize the lease to fit your property and your standards while maintaining reasonable accommodations to people who need them.
If you want verification of the animal’s status for your records, you have the right to request a physician’s letter that indicates the animal’s benefit to its handler.
Be Respectful and Accommodating
In all scenarios, landlords should be respectful and accommodating. Research local laws to understand your tenant’s rights and offer support to make their living situation comfortable. These actions will help you avoid costly lawsuits and build a constructive relationship with your renter.
Frequently Asked Questions
How do I prepare my property for a service animal?
f you are anticipating a service animal in your rental, prepare as you would for any pet. Think of ways to make your apartment more pet friendly, such as laminate floors, a fenced-in backyard, or scratch-resistant paint. While service animals are exempt from pet fees, your tenant’s security deposit will lighten repair costs if excessive damage occurs.
How do tenants prove their dog is a service animal?
Since the ADA does not require official registration, there is often no tangible “proof” that a tenant’s dog is a certified service animal. If you are concerned about the validity of a tenant’s claims, you may ask for a doctor’s note that identifies the animal’s benefit to its handler.
