Deciding to allow tenants to have pets is often at the landlord’s discretion, and those who do often charge an additional fee for the extra damages and potential for pests. However, when it comes to service animals, the rules are a lot more complicated. After all, Federal Housing Laws protect prospective renters living with disabilities, which means property owners have to make accommodations for them in their rental properties. If you’re looking to stay out of trouble, we’ve put this article together to help you understand these rights, learn the different types of service animals, and why it’s important to comply with these laws.
Understanding Tenants’ Rights to Have Service Animals
For starters, it’s essential to understand why tenants have rights to service animals. According to the Fair Housing Act, a federal law that governs most rentals, it’s illegal for landlords to discriminate against tenants living with disabilities. That means even property owners with a “no pet” policy have to waive these rules if one of their renters needs an animal companion to survive. However, FHA is specific in its definition of service animals, describing them as a dog or animal that is individually trained to perform tasks for the benefit of an individual with a disability. Emotional support animals are different from service animals since they offer comfort and emotional support and are not trained for specific tasks.
In other words, you don’t have to waive your “no pet” policy for anyone who claims they have a service animal. You still reserve the right to ask for proper documentation to confirm the tenant has a disability, and their animal is essential. While you may not have access to their detailed medical history, double-checking a prospective tenant’s claim ensures you don’t incur extra damages. You’re also not at liberty to accept unruly service animals that cause damage to your property and threaten other tenants. While most disability companions are well-behaved, on the off chance you encounter one that’s not housebroken, you can politely ask their handler to keep them in control, or evict them from the property if they don’t take proper action.
Common Types of Service Animals and Their Tasks
Guide Dog
When most people think about service animals, they probably picture guide dogs as they are the most common. These are trained dogs that typically assist visually impaired or blind people to navigate obstacles, and help their handlers move safely through streets and public spaces.
Miniature Horse
Besides dogs, miniature horses are the only other animals the ADA recognizes as service animals. That’s because, as the name implies, these ponies are smaller than regular horses, often weighing between 70 to 100 pounds. They’re also quite intelligent and have excellent eyesight, making them an asset to people with visual impairments.
Hearing Dog
Similar to guide dogs, hearing dogs help individuals with auditory impairments. As a result, they’re trained to help their handlers locate important sounds like their phone ringing, fire alarms, or people calling their names.
Mobility Assistance Dogs
These dogs help individuals with physical disabilities retrieve objects, open doors, or provide stability for them when walking.
Importance of ADA Compliance in Rental Properties
1. Legal Protection
Avoid legal trouble by adhering to the Fair Housing Act and Americans with Disabilities Act (ADA) policies. These laws expect landlords to make reasonable accommodation available for tenants living with disabilities, and that includes exceptions for their service animal when necessary. On the other hand, failing to comply means facing hefty fines and legal penalties. As a result, some landlords prefer to expand on this policy by making their rental property pet-friendly for service animals or otherwise. Besides, allowing pets in your rental attracts a wider range of tenants since it appeals most to them.
2. Equal Access
Another important thing to remember about ADA compliance is that it gives all prospective tenants an equal housing opportunity. The last thing you want to do is discourage a visually impaired person from living in your rental because you have a strict “no pets” policy. Not only would that be illegal, it would also be unethical. On the other hand, landlords that make concessions to allow service animals allow tenants living with disabilities to retain their independence, fostering a more inclusive environment that tenants are more likely to repay by renewing their lease.
Conclusion
Steer clear of legal trouble while assisting individuals living with disabilities by accommodating service animals in your rental. Not only will this ensure you remain ADA compliant, but it also showcases your empathy in helping tenants with disabilities remain independent. As a result, landlords need to know that service animals come in different forms to assist people living with different physical and psychological conditions. Thus, to respect service animal laws, you should be familiar with them so you can ensure your rental reasonably accommodates individuals who rely on their furry companions.
