What You Need To Know About Service & Assistance Animals

No Pets Allowed! As a property owner/manager, you have the best interest of your property in mind and likely have very legitimate reasons for not allowing pets. You might even be a pet lover yourself, but your rentals are simply not conducive to having cats and dogs. In “close quarter” apartment complexes, the noise and odors of pets can be disruptive to the other tenants. And, no matter the size of your property, there’s always the risk of  pets injuring someone or damaging your property by scratching, digging, chewing, and “doing their thing” inside or outside the dwelling. But what about service animals? Then, there’s assistance animals (also referred to as emotional support animals). It seems they’re becoming more of a thing these days and landlords are having to lighten up on their pet restrictions to accommodate their tenants. When it comes to service and assistance animals, here’s a few important things to know:

Service vs. Assistance

Service and assistance animals are not one and the same. A service animal is trained to do a specific task for its owner, such as a guide dog trained to lead a blind or visually impaired person. Service animals are technically not considered pets. They are allowed in public places and are exempt from nearly all “pet restriction” policies, including housing, with some rare exceptions. An assistance animal, typically a cat or dog, is not trained to perform a service but provides emotional, physical and other health benefits to its owner. Assistance animals are not as readily accepted in public areas and are more subject to pet restrictions. 

Who Needs One

While the necessity for a service animal is usually indisputable, the need for an assistance animal is more ambiguous. People who battle anxiety, depression, autism, Post Traumatic Stress Disorder (PTSD) or other mental/psychiatric disabilities can benefit greatly from the companionship and emotional support of an assistance animal. Since anyone can claim to have these conditions, a letter from one’s doctor or therapist is required in some instances to officially classify an animal as a legit “service animal.” 

It’s The Law

Simply put, your “No Pets Allowed” rule goes out the window when it comes to service and assistance animals.The federal Fair Housing Act (FHA) makes it illegal to deny housing to anyone with a service animal or anyone with an animal that is recommended and/or prescribed by a licensed medical professional. Also, since service animals and legit assistance animals are not technically considered pets, landlords cannot charge “pet rent,” jack up the security deposit or tack on any additional fees related to the animal.

Your Rights

As a property manager, you do still have rights when it comes to service/assistance animals. Your tenants are still responsible for any damage incurred by the animals which could potentially cost them their security deposit. Through proper legal channels, you can evict a tenant whose animals are a nuisance to others, posing a threat to others, or causing damage to your property. You can require copies of the animal’s health records proving that the animal is healthy, parasite free and up to date on vaccinations and immunizations.