Key Takeaways
- Under the Fair Housing Act, landlords must provide reasonable accommodations for service animals and emotional support animals, even in no-pet properties, without charging pet-related fees.
- The ADA defines service animals as specifically trained dogs that perform tasks for individuals with disabilities, but its protections apply mainly to public accommodations, not housing units.
- Service animals, emotional support animals, and therapy animals have distinct legal classifications, with only the first two protected under the FHA.
- Landlords may request limited documentation only when a disability or need is not apparent and must handle all information confidentially while following consistent, legally compliant accommodation practices.
Landlords consider a unique set of practical and legal requirements when renting to tenants with service animals. Although most property owners are familiar with standard pet policies, the requirements for service and emotional support animals may not be as easy to understand.
Landlords need to know practical management strategies, the documentation rules, accommodation requirements, and legal definitions that apply when renting to tenants with service animals. In this article, we at OKC Homes 4 You will provide a comprehensive guideline on what landlords should know when renting to tenants who own service animals.
Legal Considerations for Service Animals
Some federal laws influence how landlords should treat tenants with service animals or emotional support animals.
The goal of the following laws is to ensure that people living with disabilities will have equal access to housing and will not be discriminated against:
The Fair Housing Act (FHA)
This law prohibits housing discrimination due to disability. According to this law, landlords must provide reasonable accommodations to tenants who own service animals or emotional support animals. That means:
- All accommodation requests must be evaluated on a case-by-case basis.
- Landlords cannot charge pet fees, pet rent, or pet deposits for service animals or emotional support animals.
- Restrictions based on weight, breed, or size do not apply to these animals.
- Regardless of your pet policies, landlords must allow service animals and emotional support animals.
That is because assistance animals are not considered pets under the Fair Housing Act. Rather, they are seen as aids to tenants with disabilities.
The Americans with Disabilities Act (ADA)
This law primarily concerns public accommodations, especially rental offices or publicly accessible leasing spaces. According to the Americans with Disability Act, a service animal is defined as a dog trained to perform specific tasks for individuals with disabilities. Examples of activities that service animals are trained to perform include:
- Alerting those who are deaf.
- Guiding individuals who are visually impaired.
- Providing support for people with mobility limitations.
- Detecting impending seizures.
- Detecting changes in blood sugar.
- Interrupting disorienting behaviors during psychiatric episodes.
The Difference Between Service Animals and Emotional Support Animals
Landlords also need to understand the difference between service animals, emotional support animals, and therapy animals.
Appreciating the following distinctions will enable landlords to make informed decisions when assessing accommodation requests:
Emotional Support Animals (ESA)
These are animals’ primary function is to provide therapeutic comfort through their presence rather than performing any specific physical task. Their functions are mainly for those with mental health conditions such as phobias, anxiety disorders, depression, and post-traumatic stress disorder (PTSD).
Emotional support animals enjoy the protection of the FHA, but not the ADA. These animals do not require any training. However, they need appropriate documentation in situations where the disability is not immediately apparent.
Service Animals
Service animals receive special training to enable them to perform specific tasks that directly assist individuals with disabilities. Since these animals are trained to perform health-related tasks, they are considered medical aids and not pets.
Therapy Animals
These are animals that visit schools, assisted living facilities, or hospitals primarily to provide comfort. Therapy animals are not protected by the FHA and no law entitles them to reasonable accommodation.
Documents that Landlords May Request
Although landlords are mandated to accommodate service animals and ESAs, there are strict guidelines concerning their documentation. When renting out a home, landlords can only ask for documentation when the tenant’s disability is not obvious or the need for an assistance animal is not apparent.
In that case, a licensed health care provider who treats the tenant must issue a valid verification letter. This verification letter is meant to confirm that the tenant has a disability and that the assistance animal supports the tenant’s condition. It doesn’t, however, have to identify the specific disability of the tenant.
Landlords are expected to keep all documents confidential when considering legitimate accommodation requests. Landlords are not permitted to request the following:
- A demonstration of the service animal’s abilities.
- Medical records.
- Training certificates for emotional support animals.
- Details about a specific diagnosis.
- Proof of specialized certification.
It should be noted that letters generated without any clinical relationships are declared invalid by the federal laws. A verification letter is only valid if:
- A licensed healthcare provider issued it.
- The provider is located in the tenant’s state.
- The tenant has an actual patient-provider relationship with the provider.
Fees, Deposits, and Pet Policies
Landlords in Oklahoma City are not permitted to charge pet rent, pet deposits, or additional pet cleaning fees. That is because service animals and emotional support animals are accommodations and not pets. That said, while pet fees are not allowed, landlords can still charge tenants for repairs to landscaping damage, odors, chewed trim, and carpet damage during move-out.
Best Practices
To stay compliant and avoid disputes, landlords should follow these best practices:
- Keep detailed records of all communications and requests.
- Train staff on ADA and FHA requirements.
- Maintain a professional and consistent accommodation evaluation process.
- Treat all tenants with respect.
- Annually review policies to keep up with federal and state laws.
- Consult legal professionals when treating complex cases.
Bottom Line
When renting to tenants with service animals, it’s crucial to strike a balance between property management responsibilities, tenant rights, and legal compliance. Landlords who approach accommodation requests with professionalism and fairness adhere to federal regulations and promote stronger relationships with tenants.
If you need help managing your Oklahoma City rentals, contact our experts today!
