If you are a residential landlord or property manager, it is likely you have come across a Tenant claiming the need for an emotional support animal or service animal. Service animals and support animals are protected under various state and federal laws. Therefore, it is important to know a few basic definitions and rules associated with each.
Service Animals:
To qualify as a service animal, the animal must be (i) a dog and (ii) trained to perform tasks to assist with the Tenant’s disability. Tenants are entitled to reasonable accommodations for their service animals from standard pet rules or fees, such as no pet policies, additional deposits, increased rent, or breed restrictions. If it is readily apparent that the Tenant’s dog is trained to assist with the Tenant’s disability, the accommodations should be granted without requesting any additional documentation. For example, a blind Tenant with a guide dog is entitled to a reasonable accommodation from the property’s pet rules without having to produce any additional documentation.
If it is not readily apparent that the Tenant’s dog is trained to assist with a disability, the Landlord should only ask the following two questions:
a. “Is the dog required because of a disability?”
b. “What work or task has the animal been trained to perform?”
If the dog is required and trained, the dog qualifies as a service dog and a reasonable accommodation must be granted.
Support Animals:
Certain federal laws require reasonable accommodations for animals that do not qualify as service animals but instead qualify as support animals if the animal provides emotional support to the Tenant. Unlike service animals, support animals do not have to be dogs. The Tenant must reasonably demonstrate that their requested support animal “does work, performs tasks, provides therapeutic emotional support” with respect ot the Tenant’s disability. If the Tenant has an observable disability, the burden of proof to establish the animal’s need is a low bar. If the Tenant’s disability is not readily apparent or observable, the Tenant will also need to provide information to reasonably demonstrate or support the Tenant’s disability. The Landlord may not require specific forms or documents from the Tenant. The Tenant may establish their disability, or the need for the animal, through reasonable information or documents, such as, but not limited to, a letter or conversation with Tenant’s health care professional. Support animals may be any common household animal and they are also exempt from typical pet rules, such as breed restrictions, pet deposits, or increased rent.
If you have any questions regarding a specific situation you are facing or would like to receive more information on this or other related property issues, we’d love to hear from you.
BY: GUNNER JOYCE, ATTORNEY
