Key Takeaways
- Service Animals Are Not Pets: Federal housing laws, including the FHA, require landlords to treat service and emotional support animals differently from household pets. Standard pet fees and restrictions don’t apply.
- Compliance Protects Landlords: Missteps can lead to costly disputes, but clear policies, documentation, and consistent handling of requests help landlords stay compliant and avoid discrimination claims.
- Landlords Still Have Rights: While deposits and fees aren’t allowed, landlords may request verification, require vaccination records, and hold tenants responsible for damage or disruptive behavior.
Pets often spark debate among landlords. Some allow them freely, others forbid them, many set limits or fees. But service and emotional support animals are different.
These requests fall under federal housing law, not landlord preference. Missteps can lead to costly disputes, while proper handling protects your investment and shows commitment to fair housing.
In this guide from Home Choice Property Management, we’ll cover what landlords need to know about renting to tenants with service animals.
Understanding the Difference Between Service Animals and Pets
Many landlords mistakenly group service animals together with pets or emotional support animals, but the law treats them very differently. This misunderstanding can lead to inconsistent policies and, in some cases, discrimination claims.
Under the Fair Housing Act (FHA) and guidance from the Department of Housing and Urban Development (HUD), landlords are required to provide reasonable accommodations when a tenant has a disability-related need for an assistance animal.
This applies whether the tenant is signing a new lease or develops a disability during an existing tenancy. The key principle is that housing access and equal opportunity take priority over a landlord’s pet policies or convenience.
How to Stay Compliant with Service Animal Laws
The fastest way landlords get into trouble is by treating service animals like pets. Under HUD, service animals are not pets, which means standard pet rules don’t apply.
You cannot:
- Charge pet deposits or monthly pet fees
- Enforce breed or weight restrictions
- Deny tenancy based solely on the presence of a service animal
That doesn’t mean landlords are powerless. You are entitled to ask for verification from a licensed healthcare provider confirming the need for the animal.
What you cannot do is pry into private medical details or demand full medical histories. Consistency is also key. Establish an internal policy for processing accommodation requests.
This should include:
- A clear list of acceptable documentation
- A standard review timeline
- Transparent communication procedures
By treating every request the same way, you reduce the risk of discrimination claims and keep your records defensible if disputes arise.
Educating Your Team
If you employ leasing agents, property managers, or maintenance staff, it’s essential that they understand the rules surrounding assistance animals.
Even an offhand comment, such as “we don’t allow large dogs” could be interpreted as discrimination when directed at a tenant with a service animal.
Providing clear, consistent training ensures your entire team responds appropriately, avoids unintentional violations, and reinforces your commitment to fair housing. Well informed staff not only protect your compliance but also strengthen your reputation as a professional, responsible landlord.
Understanding Tenant Rights
Two main legal frameworks apply here:
- The Americans with Disabilities Act (ADA): Covers service animals in public spaces. Under the ADA, a service animal is defined narrowly, usually as a trained dog performing specific tasks for a person with a disability.
- The Fair Housing Act (FHA): Governs rental housing. The FHA has a broader scope, covering both service animals and emotional support animals when a tenant demonstrates legitimate need.
That means a tenant with an emotional support animal, while not protected under the ADA in a restaurant or store, is still protected in their housing unit.
To qualify under the Fair Housing Act, the tenant must show that the animal alleviates symptoms of a mental or physical impairment that significantly limits major life activities (like mobility, seeing, or managing daily routines). Examples include PTSD, severe anxiety, or seizure disorders.
Service Animals vs. Emotional Support Animals
Though often mentioned together, these categories differ in important ways.
- Service Animals: Trained to perform specific tasks such as guiding visually impaired tenants, alerting to seizures, or retrieving items for someone with mobility limitations. They are generally well-trained and carry certifications.
- Emotional Support Animals (ESAs): Provide therapeutic benefits through companionship but are not required to have specialized training. They can support conditions like depression, panic disorders, or autism.
For landlords, the distinction matters less than you might think. Under the FHA, both types must be accommodated if the tenant qualifies.
Landlord Rights and Responsibilities
While landlords must accommodate, they are not left without protections. You can:
- Require Verification: A simple letter from a healthcare professional confirming the disability-related need is sufficient.
- Enforce Standards of Behavior: If an assistance animal becomes aggressive, disruptive, or causes property damage, you may issue warnings or pursue eviction if problems persist.
- Recover Damages: While you cannot charge upfront pet deposits, you can require tenants to pay for actual damage caused by the animal.
- Check Health Records: Proof of vaccinations and general health is reasonable to request, ensuring safety for all tenants.
These rights ensure landlords maintain control over their property while still honoring federal protections.
The Role of Documentation
Good recordkeeping is a landlord’s best defense. Keep copies of:
- Verification letters
- Communications with tenants
- Notes on property inspections and follow-ups
If disputes reach legal review, thorough documentation demonstrates consistent, lawful practices. It also reinforces professionalism in everyday interactions.
Consider Partnering with Professionals
The legal landscape is complicated and constantly evolving. Partnering with a property management company can provide clarity.
Professionals bring:
- Up-to-date knowledge of federal, state, and local laws
- Streamlined systems for tenant requests and documentation
- A neutral buffer between landlords and tenants, reducing conflict
For landlords managing multiple units, outsourcing compliance tasks can save time, reduce stress, and minimize exposure to legal risk.
Bottom Line
Service and support animals aren’t pets, they’re legally protected. Landlords must adapt policies, follow clear procedures, and respect tenant rights. Done well, this not only avoids disputes but also clearly shows true professionalism and commitment to fair housing.
Need help aligning your policies with today’s laws? Our property management experts can streamline compliance, handle documentation, and give you peace of mind. Contact Home Choice Property Management today to protect your properties and your business.