Property Management Professional are often asked: “Must landlords allow Service Animals and Emotional Support Animals (ESA)?”

The short answer is “Yes.” Both state and federal laws — the American with Disabilities Act (ADA), for example — prohibit discriminating against those with disabilities and reasonable accommodations they need. A Service Animal and an ESA are considered a reasonable accommodation.

Furthermore, these animals are not pets and a landlord cannot charge a pet deposit or a special pet rent. A “no pet clause” in a tenant’s lease doesn’t matter. Service Animals and ESA must be allowed. (Also worth mentioning is landlords cannot discriminate against certain breeds.)

Here’s the difference between a Service Animal an ESA. A Service Animal is any dog, and in some cases a miniature horse, individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability, according to the Americans with Disabilities Act. An eye-seeing dog is a common example of a Service Animal. An ESA is any animal that provides emotional support alleviating one or more symptoms or effects of a person’s disability. Emotional support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities.” An ESA is not limited to dogs. Neither a Service Animal nor an ESA is considered a pet.

How do you know the disability is legit? Oftentimes, a disability is obvious, e.g. blindness and wheelchair dependent. When it’s not obvious, a landlord may ask for documentation for the need of a Service Animal or ESA. A mental health practitioner may provide a letter, the individual may provide the documentation, or a someone who has personal knowledge of the individual’s need.

The above may sound doggone unfair, but there instances when landlords can refuse a Service Animal or ESA. Including if the animal is:

  • dangerous or has a history of attacking others,
  • causing allergies in other tenants,
  • difficult or physically impossible, a huge animal in a very small residence, for example, and
  • when the mental health provider’s letter has expired, though tenants may update it.

The legalities of American with Disabilities Act (ADA) and the Department of Housing and Urban Development (HUD) are complex. Speaking with a professional property management company may be your next step. Place Tenants can help you with that. Call 800-886-1193 or email [email protected].