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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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Can one person need two service dogs?
I was told by an attorney at the disability law center in salt lake city, utah that you can by law, have two separate service animals. Each animal helps with different disability.
Yes!.Each for a different medical or psychological condition!.
My friend has a dog, it is a service dog and her mom has an esa. But their landlord said if they continue to have it, they will be kicked out. Is that legal? What should she do?
Call ASPCA if I spelled it right there are fines for not allowing a service dog where ever you go or live. I would definitely call get it recorded or text or record a call about him threating you and the dog. I heard there is a large fine for this issue. Also ask them about the situation with the dog going to parental visits. They should be able to help or get help to take care of the situation. Also when you go to counseling for being in foster care tell them your situation.
Moving to Texas they want a doctors note saying I need a service dog in order for them to say it’s a service dog is a house agent allowed to do that
But they had better be REAL SERVICE dogs in Texas because the authorities here are getting mightily tired of people trying to circumvent pet policies by claiming that their reactive pitbull is a service dog. In fact, they are SO tired of it down here that after September 1, 2023, a service dog is found to be not real, the owner of the dog can be fined up to $1000
My foster home providers landlord and providers has said I can not have a service animal or esa because there not licensed to have pets and if I get a dog he will force me to get rid of it. Or kill the dog and let me watch him kill the dog and kick me out I don’t think this is right or fair to me iv been looking to where it says a foster home or groupehome can’t allow that for 3 years I can’t find anything anywhere that it says that . the reason why I need a service animal is when people talk to me sometimes I can’t hear them especially when there behind me . out in public I have people run into me because I can’t hear them behind me or my parents talk to me sometimes I can’t hear them or even know there talking to me because I can’t hear them I can’t aford hearing aids so the next best thing I can think of is a service dog to alert me when someone is talking to me or behind me . my parents say if I get a service dog I can’t have the dog at there house eather they will send me home . or make me keep the dog at my foster home . and my providers landlord has said he does not care what the law says he will again kill the dog dump it on the side of a hiway and let it get killed this breaks my heart that he would do that to a innocent animal and if I leave the dog home he will take it from my room kill it or throw it out in the street and let it get hit or call a friend and have them drive by and hit or shoot the dog dead this breaks my heart to hear someone would do this to a animal he even wants to kick us retards out he regrets letting my home provider have retards in his house . I’m lonely .
Of course I’d pertect the animal from harm to the best of my ability I’d die for my service animal .
I rent from a private landlord who doesn’t allow dogs. I have been researching servive animals for my MS and my depression but i don’t know if she can kick us out if i get one. Help!!@
Hi! More of a question- My sister currently lives in the Jackson Michigan area and has a service dog. She is a military veteran that requires a service dog. Can the property manager force a “meet” with the service dog to declare the service acceptable to live on the property? They are claiming it is to verify the dog is friendly. The property manager has already requested proof and medical records from my sister for her need of a service dog, and my sister complied. Now they are saying they must meet the dog to vet her. She has lived in her apartment since November 2018 with no complaints or disruption. I am afraid she is being discriminated against and we want to make this right, because she has rights. Thank you.
No they cannot request a meet and greet! It is a service dog meaning it is trained to be a medical equipment. For them to ask such would be like asking if they can sit in a wheel chair! Your dog is meant to perform a service not socialize as if it’s just a pet!
I rent from a private landlord who doesn’t allow dogs. I have been researching servive animals for my MS and my depression but i don’t know if she can kick us out if i get one. Help!!@
have same problem new area for me. lost my wife 4yrs ago and need a dog.
They wont qualify as a service dog as they do not perform a specific task or duty that you cannot do. However, they could qualify as a Emotional Support Animal and from a housing perspective, the landlord would still have to allow.
Also, they cannot ask for medical records or dog training documents.
Yes a landlord can ask for doctor paper work to see it a srtvices dog that all they can do
ABSOLUTELY INCORRECT!!! This is a violation of Federal Fair Housing law and ADA!!
My landlord has been demanding a notarized statement from “a trainer” stating the dog I want to get is a legit service animal and not a pet. They want proof I’m disabled and in need of said service dog….they demanded proof of my disability before I moved into the apartment…they are demanding to see a log of hours trained and they ar telling me I have to have everything signed off by them because they have it written as policy and it supersedes anything anywhere else. I tried talking to her about this due to at the time I had a puppy i was preparing to get and had someine that would help me train her. I wasn’t allowed to bring her home until I had medical verified that I needed a service dog, that the dog was being trained as a service animal, that there would be a long kept that they would have the notary signed letter that i agreed to any future changes they felt they needed to make. I told her so much if this was unlawful according to ada and she kept demanding that the ada was written to help people like her and not people like me….o.O people are shady as hell and will tell you anything. I’m still fighting to get a service animal because it’s been over a year since I should have had one and now I can barely move.
Yep I see the typos now. I’m stressed dyslexic in pain and tired. Just roll,with it please, apologies.
From what I’ve read on other sites they ant even ask for verification only what the animal has been trained to do
.please help…I’m disabled with severe depression and I was unaware of mental health service dog and made her a emotional support dog,after the research I was reading my situation to a tee.my dog stops me from iscolating,and helps with panic attacks,now I’m without her because landlord wont allow her and my health has taking a toll,I just got out of DV shelter,I have severe ptsd and I better believe she is a sevice dog,providing how she helps me,dv found housing for me,I left her with a complete stranger in june to get out of abuse it’s now December and I’m still without being denied I’m so overwhelmed at this time I dont are a mental health professional now what, I’m getting to depressed to even ask for help
As a landlord am I allowed to have the owner demonstrate the dogs skills?
Absolutely not. This is a violation of law.
Good information on these sites (including this one) about service and support animals, as there are differences.
https://www.servicedogcertifications.org/landlord-does-not-accept-emotional-support-animal/
My landlord has a “no pets” policy; but stuck on the end of it that he wants the apartment as an “allergy-fire” apartment.
Is that a loophole to let him deny Service Dogs? Or, does he have no choice in the matter?
As a landlord, you can request the Service Dog’s registration as a Service Dog.
Autumn, They REALLY cant’ request your sister’s medical records either. A service animal is a TOOL not a pet. A service animal is no different than a wheel chair or a cane. If your sister used a wheelchair, it would be like them asking your sister to PROVE that she needs a wheelchair or a cane. Her medical records are NOT their business.
Wrong. If the disability is not readily apparent then a landlord can demand a copy of the doctor’s perscription for the animal.
Dude quit spewing your BS and learn the law! NO they cannot ask to see documents from the doctor nor prescriptions! This website LITERALLY explains that in more than one section! Jesus!
Actually they can request a document from a doctor proving the need for a dog- the doctor (if they’re any good) does not and should not include the condition for the dogs unapparent need. They are allowed to ask for as much as the dr. License number but not speak with the doctor. Etc. read more into the law- this was a very basic synopsis and didn’t cover all of the laws and the contraindications that the ADA and FHA dispute.
ABSOLUTELY INCORRECT!!! Where are you people coming up with this FALSE information? My God. Talk about ignorance!!!!!
It probably depends on the State.
In our State, Minnesota, the landlord can only ask for the Service Dogg’s Registration which shows that it is a Service Dog.
Also they can’t ask for your MEDICAL RECORDS!!!!
CORRECT!
I have four service dogs, all have their papers and numbers, my net landlord had nothing in the lease on deposits and would not look at their paper work. He said I had ten days to get rid of the dogs or move out. He knew about the dogs and one of them was there when I signed my lease. What can I do?
To All: its not about the dog. Its about the person. All of the papers in the world confirming any animal is a service animal means nothing unless the tenant has a readily apparent need, or a perscription from the doctor in the case if the ESA.
Thanks for your insight. There is a prospective tenant who claims to have a disability (which was not apparent but I understand that a landlord cannot question that) that reached out to me regarding renting my single family house (no real estate agent was used unless you count Zillow as a real estate agent). The ad for my house said no pets are allowed. However, the prospective tenant said she has a service animal and that I cannot legally deny him or her and if I do so, she will sue me because I would then be discriminating against her. My question is if she were truly disabled, would she not need to have her service dog with her at all/most times? When she came to see the house, she did not have the dog with her and did not appear to have any disability. My feeling is that it is a scam and a way for her to lower the monthly rent (she already asked me to do so when she has not even applied yet). I respect all people, whether disabled or not. However, I see a trend where many people, unfortunately, claim to have a disability and use service animals and ESAs as a way to bypass paying a pet fee or getting around the “no pet” policy. What are your thoughts?
I have just been denied to tent to own a home bc I have a registered Service dog that has been with me for 6 years.
He said I’m sorry if he or she is a service dog. We do not allow dogs. Where should I turn now to get in a home that will not recognize my furbabe??
I would look up the HUD laws in your state. Because, in the state of Minnesota, for instance, a service dog is NOT considered a pet. Landlords do not have a choice in renting to you.
Don’t take this the wrong way but im about to come unwond here.. Im a disabled American Veteran with a service dog for ptsd and other disabilities that requires that my dog Sargent be with me.. The property owner and management said i can only take him out to pee our poop. Now iv been in this appartment for 3 years with a leaking roof and mold causing me to be sick . codes has violated them like 5 times and said get ready to go to court in or around November so what should i exspect at that time?? Will they get me a descrimination an personal injury lawyer??? I suffer now from loss of short term mommories and sinus problems with significant weight loss what should i do no lawyer will take my case… And the hole complete drainage system in this property is bad with backup sewers and toilets with mold.. Can someone help even Morgan and Morgan wont help me.. From James roux and sargent willams..
Look up the HUD laws in your state AND the ADA laws in your state. Also, see if the V.A. Will help out with Legal Aid. Us Vets have to stick together and educate each other. There is no reason you should have to live like this. Also, a Social Worker, at the V.A. will be able to help you get into a better home.
Thank you for your Service. God Bless you and Sergent. Get well soon.
In trying to move to this RV park type thing. They have informed us that their insurance is asking for both service DOD and medical records as a condition of being accepted onto the property… what are my options?…
“Josh from Malvern Ohio”
It was illegal for them to request medical records. A doctor’s prescription yes. A psychiatrist prescription, yes. Access to medical records…no. A meet and greet for friendliness is stupid. Not a pet. A service tool for her disability(ies). They want to meet her cane too? Call a lawyer. If they approach her when she is out, I hope the dog has a vest: Service Dog…NO TOUCH. They are not supposed to bother a dog while it is working. They can interview her cane at that time if it is off duty.