Key Takeaways
1. Service animals are legally protected and distinct from pets or emotional support animals. Landlords must understand the differences between service animals, ESAs, and pets to apply the correct rules, fees, and accommodation requirements under the ADA and Fair Housing Act.
2. Landlords are required to provide reasonable accommodations. Even in no-pet properties, service animals—and in many cases emotional support animals—must be allowed without pet fees or restrictions, unless the animal poses a direct threat or causes undue hardship, which must be supported by evidence.
3. Proper procedures protect landlords from legal and financial risks. Using consistent verification processes, avoiding prohibited practices, training staff, and keeping clear documentation help landlords stay compliant, avoid discrimination claims, and maintain respectful tenant relationships.
In the modern real estate environment, property managers and landlords interact with various classes of tenants with diverse rights and needs. One of the most essential and often misunderstood areas of the rental property business is how to manage tenants with service animals.
Landlords must understand the practical, ethical, and legal considerations involved when renting to tenants with service animals, or risk facing financial and legal repercussions for failure to comply with the law. Having a proper understanding of how to navigate this will promote respectful landlord-tenant relationships and fair housing practices.
In this article, Tucson Foothills Management & Realty provides a comprehensive guide on everything landlords should know when renting with service animals. This includes the difference between service animals and support animals, best practices for accommodation, and ways to maintain compliance.
What is a Service Animal?
Although often misunderstood, the Americans with Disabilities Act (ADA) defines the term “service animal” as a dog that has been specifically trained to perform certain tasks or work for an individual with a disability.
Examples of tasks that service animals can perform include guiding people with poor vision, detecting or responding to seizures, alerting people who are deaf or have difficulty hearing, reminding people to perform health-related tasks or take medications, and/or pulling a wheelchair or assisting with mobility
According to the Americans with Disability Act, only dogs (and in certain circumstances miniature horses) are classified as service animals. Animals that provide comfort, therapy, or emotional support (even when recommended by medical professionals) are not classified as service animals under this law.
The Difference Between Service Animals, Emotional Support Animals, and Pets
Landlords need to understand the different types of animals in order to understand the laws and their obligations.
Service Animals
These animals are protected under the Fair Housing Act (FHA) and Americans with Disability Act (ADA). They assist people living with disabilities to perform specific tasks according to their training. Here, it is the landlord's responsibility to provide reasonable accommodations for these animals, even when they have a “no-pet” policy.
Emotional Support Animals (ESA)
These are animals that provide companionship and comfort to alleviate symptoms of emotional or mental disability. Although they are not trained to perform specific tasks, they are protected by the Fair Housing Act. These animals are not granted public access rights as service animals, however, landlords must provide reasonable accommodation for emotional support animals.
Pets
Pets are animals kept for companionship and not for disability-related purposes. These animals do not enjoy protection under any housing or disability laws. Here, landlords are free to apply standard pet deposits, pet screening processes, pet policies, and restrictions on pets.
Applicable Federal Laws
Tenants living with disabilities who own service animals are protected by two major federal laws.
The Americans with Disabilities Act
This law primarily concerns commercial facilities and public accommodations, and not private housing. However, landlords who own or operate rental properties that are open to the public, such as common areas, hotel-style apartments, or lease offices, are mandated by the ADA to allow access to people living with disability who use service animals.
The Fair Housing Act
This law is enforced by the United States Department of Housing and Urban Development (HUD). It applies only to residential properties and prohibits housing discrimination based on disability.
According to this law, landlords should provide reasonable accommodations so that people living with disabilities have equal access to housing. Denying a qualified tenant who has a disability the right to live with a service animal is discrimination.
What is Reasonable Accommodation?
These are adjustments or changes to practice, policies, or rules to allow people living with disabilities the right to use and enjoy dwellings equally.
This includes permitting tenants who have service animals to use the common space with their animals, waiving pet fees or pet deposits for tenants who have service animals, and renting to tenants with service animals, even when the property has a “no-pet” policy.
Even with the above, landlords can decide not to rent the property if the animal causes substantial damage to property, poses a direct threat to others, or if the request constitutes an undue administrative or financial burden or fundamentally alter the nature of housing services.
Since these exceptions are rare, they must be supported by evidence, not stereotypes or assumptions.
Verification of a Tenant’s Need for a Service Animal
Although landlords may verify if a tenant’s animal qualifies for accommodation, the law limits the nature of the inquiry. Landlords may not request documentation if the tenant’s disability and need for service animals are obvious.
Where disabilities are not apparent, landlords can request reliable documentation to confirm if the tenant has a disability and explain how the service animal impacts the disability or alleviates symptoms.
Only healthcare professionals familiar with the tenant's condition can provide acceptable documents. However, landlords are not permitted to require in-depth details about medical records or specific diagnoses.
Unless issued by a licensed healthcare provider who has a genuine therapeutic relationship with the tenant, online “certification” letters are not automatically considered as reliable evidence according to the HUD.
Prohibited Practices for Landlords
Please note that the following practices are prohibited for landlords:
Applying pet policies to service animals (size, weight, or breed restrictions)
Refusing to provide accommodation because of fear of animals or allergies (except the accommodation doesn’t exist)
Charging fees, deposits, or additional rent for service animals
Asking for training certificates for service animals
Demanding that service wear specific identification
Best Practices
Ensure that you have written documents for all requests and approvals concerning service animals
Use consistent procedures for accommodation requests or tenant screening to protect you from discrimination claims
Provide Fair Housing training to all on-site staff
Maintain clear and respectful communication with all tenants to promote a smooth relationship and minimize misunderstandings
Bottom Line
Renting to individuals who own service animals requires an understanding of the human aspect of disability accommodation and the legal framework. It involves not just avoiding fines but promoting inclusion, respect, and professionalism. Applying the above tips will protect you from liabilities and contribute to a housing market that is accessible, compassionate, and fair.
If you have any questions or would like help navigating the legal requirements of being a landlord, contact Tucson Foothills Management & Realty today!
