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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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So do I have to let the landlord know I have a service dog before I move in? I have till the 20th to find a place and no where allows pets and we have tried talking to a few different landlords explaining I have a small service dog and all they ever say back is something along the lines of “sorry firm no pets”
Yes, you have to let them know. However, a service animal is not a pet, it is a medical tool and landlords must treat them as such. You are not required to let them meet the animal, and it is illegal for them to request medical history and training records for your animal. However, be prepared to submit proof of your need for a service animal (likely no more than a letter from a medical professional, but plz check your ADA rights to be certain)
In those Cases where They say that I’d advise them to Look up The Fair Housing act Law that States They aren’t allowed to Refuse A Service Dog second I’d let them know also They’re not permitted to Discriminate Based on Breed Age Or Weight nor can They charge Additional Fees
The Fair Housing Act Protects u and if Landlord’s have done that u have had The Right with Each Landlord to Take them to Federal Court which They would end up Possibly Paying Fines Heck could even get Prison Time Lose their Rentals Etc Once u make them Realize They are about to Violate Federal Law which could cause Them to get Prison Time for This Action on their Behalf if you were to get them Charged I believe Very much so They’ll change their tune!! To in your Favor!!
Hi,
If anyone can answer this question I would really appreciate it (:
Can a landlord deny your service animal if he lives / occupies one of the apartments in the same building as myself? It’s private owned
No he connot, it is a service animal and by federal law he can’t do anything
No! It doesn’t Matter The Landlord’s Living Arrangements They can’t Deny Any Service Dog not for really Any Reason Not Breed not Age No Even Weight They can Not Charge Additional Pet Deposits for Service Dogs or Emotional Support Animals! They can not Legally Deny you Reasonable Accommodations to their Dwelling and The only way you can be Evicted is If The Service Animal is Deliberately Posing a Immediate Threat to another Tenant or Attacks another Tenant but Short Answer No Landlord’s can not Deny your Service Animals
What questions can a covered entity’s employees ask to determine if a dog is a service animal?
A. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person’s disability.
https://www.ada.gov/regs2010/service_animal_qa.html
My landlord is demanding proof of my 19 year old’s Aspergers and his need for an service dog. I have documentation that our dog is indeed a service dog but do not have the letter from the dr stating that my son needs the service animal. Is it legal for my landlord to ask that of us. We have been living in the apt for 4 years with no problems at all but they are under new management.
Did you ever get an answer for this question?? I am in the same situation with a private landlord. I would like to get a therapy dog for my son..
Did you have a letter in the first place? You technically aren’t supposed to have a service animal without a doctors note saying you need one, at least in the USA. Other then that under the ADA there is no recognized registration for service or support animals.
I am looking into getting an apartment with my sister and she has a dog, and I have a cat and a service dog. The problem is that the apartment we are looking at has a 2 pet only policy. Would we legally be able to have out two pets and my service dog, or would we have to find somewhere else for one of our pets to live?
A Service Dog is NOT a pet. Pet policies do not apply to Service Animals unless the animal is disruptive or destructive. So the two pet policy is null for your Service Dog and only applies to the other cat and dog.