On January 28, 2020 the U.S. Department of Housing and Urban Development (HUD) issued new guidance to help landlords stay in compliance with the Fair Housing Act when assessing a tenant or potential tenant’s request to have an assistance animal in their home. The Assistance Animal Notice also provides information for both landlords and people with disabilities regarding documenting the need for an assistance animal in the home. Although the Americans with Disabilities Act (ADA) also includes protections for tenants with service animals, the Fair Housing Act provides even more protection and includes support animals. Can be confusing for landlords and tenant alike, an experienced real estate dispute attorney can help.
Assistance Animals Are Not Pets
A reasonable accommodation, making an exemption to the no pet or no animal policy, cannot charge a pet deposit, but can require owner to pay for damages caused by the assistance animal.
Assistance animals must be allowed in public and common areas, even if pets are not.
Not Just Service Animals
Service animals are included, but “assistance animals” also includes support animals defined as “other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.”
Yes, It Includes Emotional Support Animals
That’s the burning question for many landlords and tenants. Emotional support animals (ESA) are a controversial and confusing topic. They are not protected by the ADA when it comes to restaurants, stores, and other public accommodations. Only service animals get that protection, and only dogs and miniature horses qualify as service animals. A person can have a service anima for psychiatric reasons, but in order to be a service animal, it must be trained to perform certain tasks to help with the disability.
The Fair Housing Act is separate and different. It recognizes the value of ESAs in housing, for people with disabilities to live fuller and better lives. It does not require that an ESA have special training or perform any special tasks.
Landlords are often concerned that anyone could use the law to simply get around no pet policies and pet deposits, but it doesn’t work that way. The new guidance helps landlords assess requests and helps both landlords and tenants understand what type of documentation is considered legitimate and reliable.
To learn more about your rights and obligations as a landlord or tenant, please search our directory for an experienced landlord/tenant attorney in your area.
