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Can Landlords Deny a Service Dog?
Under the Fair Housing Act, housing providers such as landlords, HOAs, co-ops, and condos must reasonably accommodate service dogs. Housing providers can only deny a tenant’s request to live with their service dog in limited circumstances. In this article, we’ll explore what these exceptions are and what rights you have as a service dog owner in residential housing.
Laws that Protect Assistance Animals in No Pet Housing
There are two types of assistance animals with special housing rights: service dogs and emotional support animals. If you have a mental or physical disability that requires you to have either a service dog or an emotional support animal, you are protected from discrimination under the federal Fair Housing Act. Service dog owners have the following rights:
- Access to “no pets” policy housing
- Exemption from monthly pet fees
- Exemption from pet deposits
- Exemption from breed or weight restrictions
Housing providers must accommodate assistance animals unless they have a valid exemption, even if their building has a policy that bans all pets. Under federal Fair Housing rules, service dogs and emotional support animals are not considered pets and are thus not subject to rules that apply to normal pets.
A major difference between an emotional support animal and a service dog is that service dogs must be individually trained to perform a task or job relating to the handler’s disability. Emotional support animals, on the other hand, do not undergo any specialized training and assist with mental health disabilities just by being present in their owner’s life.
When can a landlord reject a service dog?
The right to live with your service dog is not absolute. Landlords can reject a tenant’s request to live with their service dog if they have a valid exemption. For example, if the landlord has determined that the tenant’s service dog poses a health or safety risk to others, they may properly deny accommodation if the risks can’t be mitigated.
Some smaller landlords are also exempt from Fair Housing requirements. The Fair Housing Act exempts owner-occupied buildings with no more than four units and single-family houses sold or rented by the owner without an agent.
Landlords cannot reject a service dog solely because they merely perceive it as dangerous or a health risk to others without evidence. Landlords cannot deny a service dog, for example, solely because it is a certain breed.
Fair Housing rules also override any building policies that ban pets. A housing provider cannot deny a service dog accommodation because their building has a strict ban on all animals. A housing provider also can’t deny a service dog for being too big just because their building has a size/weight restriction on pets.
How can a landlord verify a service dog?
Under HUD guidelines, housing providers are permitted to verify a service dog by asking two questions:
- “Is the animal required because of a disability?” and
- “What work or task has the animal been trained to perform?”
Housing providers are never permitted to ask about the nature or extent of a tenant’s disability or demand documentation as proof of service dog status. However, under HUD guidelines, housing providers are allowed to make the truth and accuracy of information provided during the service dog request part of the representations made by the tenant. This applies under a lease or housing agreement to the extent that the lease or agreement requires the truth and accuracy of other material information.
What that essentially means is that if you lie about the status of your service dog, your landlord may have the right to take actions against you under the terms of your lease. It’s also common sense that faking the need for a service dog is unethical, but it is also outlawed in many jurisdictions.
Overview on Service Dog Access Rights
Service dog owners have rights when it comes to housing and public access rights under the Americans with Disabilities Act. When you have a legitimate service dog, you have the right to access areas where the general public is allowed. This can include retail locations, restaurants, hotels, and beaches. Service dogs can also accompany their handlers in the cabin of airplanes free of charge.
Certifications and Vests for Service Dogs
Certificates, ID cards, and vests are not mandatory for service dogs, but many service dog owners choose to use them. You can obtain these items after your service dog has been fully trained to perform the task or job related to your disability.
Registering a service dog and obtaining items like certificates, ID cards, and vests help signal to other tenants in your building and members of the public that your dog is a working animal. It can help dispel any confusion about why your service dog is present, especially if your building has a ban on pets.
You can register your service dog here: Service Dog Certification.
You can also purchase a service dog vest at this link: Service Dog Vest.
Having a certificate, vest, or ID card for your service dog is an easy way to let others know that your canine companion is a working animal and, therefore, should be treated as such.
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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What if a prospective tenant wants to bring a pit bull and you live on the property too, and you are deathly afraid of pit bulls, do you still have to rent to them if they say the dog is emotional support? Even if your property insurance does not allow that type of breed?
Yes you do, by federal law, you cannot discriminate by breed
Lots of insurance companies do not allow a pit bull. This may be more about what the person renting the apartment can do to stay insures
My landlord has received complaints that my service dog barks…due to my seizures he alerts my boyfriend when I’m having a seizure…I live in an elderly & disabled complex and they also have complained that they’re afraid he is going to hurt them…..(because they’re scared of big dogs) my service dog has never bit or attacked anyone….my landlord said “one more written complaint & he has to go.” Is that legal? Since he was only barking to alert my boyfriend of my seizures…I also have him for anxiety & this whole situation caused me to try & commit suicide
That is not legal, and is most likely something you can take the landlord to court for. Some people do see the tasks dogs perform as an out of control dog, a solution if you are scared of possibly being evicted despite the law against it is to train a different behavior as a warning sign
I am a landlord of a single family residence with a guest house in the back. Am I still required to accept a tenant with service animal to rent my guess house? I thought this law applies to a 4 unites or more not a house.
Federal Law Protects for Housing Period, There for Yes u have to and you can not Discriminate due to Bread age or weight of The Service Animal nor Can u charge Additional Fees for such a Animal now Once u rent The Place to that Tenant if The Service Animal were to Damage anything Property wise Inside House Etc than Once that would happen you’d be under Law Legally allowed to take Tenant to Court for Damages Cost etc
Can your landlord request entry to apartment to check if things are broken? My landlord whats me to sign papers for that
I live in an apartment that has a no pet policy. Not even to visit. My daughter has an emotional support dog and the landlord said she is NOT allowed to bring him here when she comes. Is there anything we can do about this?! Please help!! I do not want to move but if it comes down to it… I guess I will have to.. Thank you.
Hi my name is Ashley and I have a amosonal support dog and my dad live in a Appartment that dose not let dogs in if I went to see or stay with him dose the landlord have the right to say that my amosonal support dog cant be there
There IS no official registration or certification for a service dog. The dog must be trained to do its job but there is no federally recognized certification. Also, while a vest or collar identifying the animal as a service animal can be helpful, it is not required. To claim that there is a registration is misleading.