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Service Dog Letter For Landlords: Why You Don’t Need One
Service Dogs and Their Rights
Service dogs have numerous rights under federal laws. These laws allow service dog owners to be accompanied by their assistance animal in public locations, during travel, and in their residences. To qualify for a service dog, a person must have a qualifying physical or mental health disability that requires the use of a trained service dog.
When it comes to housing, service dogs are exempt from “no pets” policies in residential buildings under the Fair Housing Act. Service dogs are also exempt from pet fees and deposits, as well as size and breed restrictions that are applicable to normal pets.
The Fair Housing Act also protects emotional support animals, which are a different category of assistance animals. Emotional support animals help with mental health disabilities and do not need any specialized training.
Another major difference between service dogs and ESAs is that ESAs require an ESA letter from a licensed healthcare professional as proof, whereas service dogs do not require special documentation.
How Do I Prove I Have A Service Animal to my Landlord?
The ADA and Fair Housing Act do not require service animals to have vests, ID cards, registrations, certifications, letters, or gear that identifies them as service animals. Service dog owners commonly use these accessories, but they are not required. Third parties cannot demand to see these items before granting access to a service dog on the premises.
You also cannot qualify for a service dog by obtaining an ID card, registration, or certification. You can only obtain these items after you have already fully qualified for a service dog and can represent that you have a legitimate service animal for your disability.
So how do you prove that you have a service dog to your landlord? If the disability-related need for the service dog is not obvious, your landlord can ask you two questions: 1. Is the dog a service dog required because of a disability? and 2. What work or task has the dog been trained to perform?
Disabled tenants with disabilities have a right to privacy and dignity. Landlords cannot ask the tenant to have their dog demonstrate the task it has been trained to perform or request the tenant’s medical records.
While you do not need service dog paraphernalia, it can be helpful to have things like vests, IDs, and certificates to easily signal to other tenants that you have a service dog and not a normal pet.
Service dog owners do not need to submit documentation such as a letter from a doctor or therapist. However, some tenants with psychiatric service dogs will obtain a PSD letter confirming they have an eligible mental health disability such as severe depression, anxiety, or PTSD. PSD letters are optional but provide peace of mind for current or potential owners of psychiatric service dogs.
So, What Animals Need A Letter?
Under HUD guidelines, owners of emotional support animals should submit a letter from their licensed healthcare professional to their landlord. Landlords are entitled to see a valid ESA letter before accommodating an ESA in a no-pets building. ESAs are also exempt from pet fees and pet restrictions on size, breed, and weight.
An ESA letter verifies that a tenant has a mental health condition like depression, anxiety, or PTSD that is helped by the presence of an emotional support animal. While service animals can only be dogs, ESAs can be dogs, cats, birds, fish, and other small household pets. Emotional support animals have housing rights but not the broader public access rights of service dogs because they are only protected under Fair Housing rules, and not the ADA.
Need an ESA Letter? Read how to get one online here.
See if you qualify for an Emotional Support Animal letter from ESA Doctors by clicking the link below.
About the Author: The writing team at Service Dog Certifications is made up of folks who really know their stuff when it comes to disability laws and assistance animals. Many of our writers and editors have service dogs themselves and share insights from their own experiences. All of us have a passion for disability rights and animals.
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The ADA does not apply to housing. The Fair Housing Act does. This article is way off the mark. Under the Federal Fair Housing Act landlords must allow service animals, but they may also require a letter or Rx from a medical professional showing a dog is needed/recommended.
Thanks for your feedback and sorry if that wasn’t clear – the Fair Housing Act is what protects service dogs in housing. However, you do not need a letter for a service dog. Only owners of emotional support animals need to provide a letter from their licensed healthcare professional.
Can a landlord be expected to allow a working person to leave the service dog home alone??
Owners of assistance animals are allowed to leave their animals at home for short periods of time when they are not needed.
Nope I just proved my apartment complexes lawyers you don’t need any paperwork. You just need to answer two question verbally or written it’s the disabled person choice. That is does the service dog serve your disability. The other is does your service animal help with your disability. That is it nothing more. Took me two month to shut the landlord down.
My landlord is making me pay for my service dog, who do I have to contact about it? because I told them he was a service dog and per ADA as long as he preforms a service (which he does) that’s all they need to know, that they didn’t need a letter for my service dogs, just my ESA’s. but they are still making me pay a pet deposit
Under Fair Housing rules landlords are never allowed to charge fees and deposits to accommodate a service dog.
Well first off let me say this with all due respect to emotional support animals or ESA’s, the landlord does have a right to require paperwork on an emotional support animal. Because being an emotional support animal is not the same as being a service animal there is a technical difference, and for the guy that’s using logic over law, I think you better look a little bit more into the logic of things. Cuz if not you’re going to be in trouble with the law.
If your dog is not properly trained, then putting a vest on it and calling it a service dog does not make it a service dog. It is still an emotional support animal until such a time that it is trained to do certain things that you yourself cannot do without assistance that’s what a service animal is. A support animal is there for mental support emotional support or what have you. And a service animal is there to perform tasks that you yourself cannot do without assistance. Those are the legal terms. So if you’re going up against your landlord or your housing authority or your apartment managers girlfriend who doesn’t like you or whatever it is that’s going on, saying that emotional support animal is a service dog is a lie and it is also against the law.and there are legal ramifications that can and more than likely will be used against you. So just use your head, be smart about it, and be truthful about it. End of rant
You are right, they can be charged for having a fraudulent Service Dog, which they can face charges and fines along with jail time. All a person has to do is contact the ADA, and report the owners of the Dog, or the FHA….
Thanks for such a detailed explanation of the difference between service dogs and ESA! Indeed, with service dogs it’s easier to get access to public spaces and no-pet properties (however, you know, once I had some problems with housing even with my service dog). With ESA, it’s almost impossible to prove people that it’s not an ordinary domestic pet, and that you vitally need it for emotional and psychological stability. For this reason, applying for ESA letter can be a good idea, especially if you love travelling. This post describing in details what documentation can a landlord ask for providing a service or ESA pet can be a good addition to what you’ve already said in this post
Hey there,
My name is Jayce and I have a service dog.
I’m currently working on moving into my new apartment complex and they’re demanding a documentation signed off by a doctor that my service dog is necessary.
How do I go about handling that?
They said that they’ve always had every resident provide one in order to by pass the dog rent and deposit.
Following this. I provided the cards and certificates when we moved in last month. I just got an email requesting a “prescription” for the dog.
Following as well. I have had this issue (more than once!), and I don’t even have my dog yet. Besides, once I know, I can share that correct info with others.
I have lived in my townhouse for 4 years and asked for a VERBAL reasonable accommodation for my service dog from the last owner of the complex. I also provided the letter from my physician, the “prescription” indicating that my dog ameliorates my condition. Everything was fine for 3 years. The complex was sold, and the new landlord kept trying to force me to fill out their own reasonable accommodation form. I told them that they were not allowed to require me to fill out THEIR form, and that they have a copy of my doctor’s letter in my file. I even sent them websites from the ADA, HUD and FHA. They continued to harass me about their own documentation. I told the apartment manager to stop harassing me about this, yet she continued. Then, the regional manager said they needed to do an “inspection” of my apartment (I am very clean as is my dog, and my apartment is nicely appointed), I am unsure as to what they were trying to do….perhaps find a way to get me out of the complex. So, I contacted my state’s Civil Rights Commission to file a complaint. I attempted to file the complaint with HUD/FHA, but they told me there was a “conflict of interest”. The girl who works at FHA LIVES in the complex. This is another issue, so I am trying to get in touch with FHA in Washington D.C. FHA should have taken the case. Anyway, The landlord is only allowed to ask 2 questions, and you are not required to provide paperwork. Tenants have rights if they are disabled and require the dog to help them. You can train the dog yourself, or have them professionally trained. I trained my own because who has $30k for a service dog when they are on a fixed income?
We already have a difficult life and we shouldn’t have to put up with a landlord that is breaking the law and forcing rules on disabled tenants that are illegal. I am still awaiting the determination from the Civil Rights Commission. You can also file your own lawsuit.