Many people with disabilities require the use of assistance animals in their daily lives. Assistance animals for people with disabilities are not considered pets under the Fair Housing Act, as assistance animals have a specific role to assist a person with a disability in a way that is related to the disability itself.
Assistance animals are animals that work, provide assistance, or perform tasks for the benefit of a person with a disability—including providing support for mental or emotional disabilities. Emotional support animals alleviate one of more identified symptoms or effects of a person’s disability. A housing provider may not deny occupancy or evict a person with a disability because they require an assistance animal. Pet fees and/or pet deposits must be waived for assistance animals.
While it is permitted to restrict pets from rental properties or condominiums, it is unlawful to deny a person with a disability the right to possess an assistance animal, as long as the animal’s function has a direct connection to the person’s disability. Under the Fair Housing Act an assistance animal is not required to have formal training or certification, and a housing provider is not allowed to require proof that the animal has been certified, trained, or licensed as a service animal. Policies limiting the size, weight, or type of pets allowed do not apply to assistance animals and assistance animals can be any type of therapeutically necessary animal. Guide dogs, seizure alert dogs, and post-traumatic stress disorder assistance dogs are commonly recognized, however, many types of animals provide emotional support for individuals with mental and emotional health disorders.
A person with a disability can request a reasonable accommodation to a “no pets” policy. Additionally, pet fees and/or pet security deposits must be waived for assistance animals.
A landlord, property manager, condominium board or any other housing provider may request additional information or documentation to verify the need for an assistance animal if the requester has a disability that is not obvious or the disability-related need for the animal is not apparent.
A landlord, real estate agent, property manager, condominium board, or any other housing provider cannot:
People who own assistance animals must assume all responsibility for the animal including making sure it is up to date on vaccinations, cleaning up after the animal, and making sure it does not disturb neighbors with excessive noise. Owners of assistance animals are exempt from pet fees and pet deposits, but they must pay for any damages that the animal might cause. If an assistance animal is dangerous or disruptive to other residents, the housing provider can require its removal or evict the tenant.
Note: The Fair Housing Act requirements concerning assistance animals differ from the standards required under the Americans with Disabilities Act (ADA) which covers public accommodations. The ADA has very strict and specific governing standards regarding service animals in places of public accommodation like restaurants, stores, and post offices. The Fair Housing Act applies to dwellings and has a broader definition of assistance animal. Under the Fair Housing Act, it does not matter whether an animal is a service animal, a therapy animal, or an emotional support animal. The animal does not need to be trained to perform a specific service. The important factor is that the assistance animal serves a disability-related need and allows a person with a disability equal opportunity to use and enjoy a dwelling.