Landlords and Service Animals: Legal Protections and Fees
Landlords have an obligation to accommodate service animals under federal law. This article will clarify the legal stance on service animals versus pets, and the legal ramifications if a landlord attempts to charge for a service animal.
Can a Landlord Charge for a Service Animal?
No, a landlord cannot legally charge tenants for a service animal, even in cases where the tenant provides a doctor’s note. The Fair Housing Act (FHA) requires landlords to allow service animals into no-pet housing without charging any additional fees. This includes apartments, mobile home parks, and other residential properties.
Service Animals vs. Emotional Support Animals (ESAs)
It is important to understand the distinction between service animals and emotional support animals. Service animals, such as guide dogs or hearing service dogs, are trained to perform specific tasks to assist individuals with disabilities. These animals are not considered pets and are granted legal protection under the Americans with Disabilities Act (ADA) and the FHA.
Emotional support animals (ESAs), on the other hand, are not trained and provide emotional support. While ESAs are covered under the ADA as reasonable accommodations for individuals with disabilities, they are not service animals and do not receive the same protections. Unlike service animals, ESAs can include any domestic animal and are often obtained through online registrations or letters from consultants with questionable credentials.
Legal Compliance and Documentation
Compliance with the ADA and FHA is crucial. Many states and federal laws prohibit charging additional fees for service animals. Tenants must ensure the documentation provided by a medical professional is both valid and properly worded. Letters from medical professionals must explicitly state the individual “needs” the animal, and not simply that it “may benefit” the individual.
For assistance, tenants can contact the ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY) for further guidance. They also provide publications by mail, available Monday to Friday, 9:30 a.m. to 5:30 p.m., and on Thursday from 12:30 p.m. to 5:30 p.m., Eastern Time.
Types of Animals and Requirements
Service animals are specifically trained dogs that assist individuals with disabilities. Examples include guide dogs, hearing assistance dogs, and dogs that balance or retrieve objects for individuals with mobility issues. These animals do not need to be registered; they are automatically protected as service animals.
ESAs, while recognized under the ADA, are not trained and may be exempt from pet fees under the FHA. However, the documentation for ESAs must be legitimate and should explicitly state the necessity of the animal in alleviating a disability-related condition. Online registration services that issue letters for pet fees should be avoided as they are not compliant with the ADA and FHA requirements.
What to Do if a Landlord Attempts to Charge Fees
If a landlord attempts to charge fees for a service animal, tenants should document the request in writing and inform their local housing authority or seek legal advice. Non-compliance with the Fair Housing Act can result in fines and legal action against the landlord.
Understanding the legal protections offered by the ADA and FHA can help individuals with disabilities and their advocates navigate the housing market without facing unjustified fees.
Key takeaways:
Landlords cannot charge for service animals as protected by the Fair Housing Act and ADA. Service animals are trained animals that assist individuals with disabilities, while ESAs are not trained and not considered service animals. Valid documentation from a medical professional is crucial and should state the necessity of the animal for managing a disability. If a landlord attempts to charge for a service animal, tenants should document the request and seek legal assistance.For further information, contact the ADA Information Line or consult local housing authorities.