What to Know About Renting to Tenants with Service Animals

Key Takeaways

• Under the Fair Housing Act (FHA), landlords must make reasonable accommodations for tenants with disabilities who use service animals or emotional support animals (ESAs).
• Landlords cannot charge extra fees, impose pet restrictions, or deny housing based on breed, size, or species.
• Property owners may ask limited, lawful questions. For ESAs, landlords may request a letter from a licensed healthcare provider but cannot demand medical records or proof of training.
• Landlords should document all communications and decisions, and avoid actions that could be seen as discrimination. Maintaining property standards is allowed, but any denial must be based on actual evidence of risk or damage.

Understanding your legal obligations, as well as the rights of renters who rely on service animals, is essential to avoid costly mistakes. Under federal law, individuals with disabilities are entitled to reasonable accommodations, even in properties with a “no-pets” policy.

No matter where you own rentals, the same federal standards under the Fair Housing Act (FHA) apply. Knowing the difference between pets, service animals, and emotional support animals (ESAs), as well as how to handle related requests properly, helps you stay compliant while maintaining control over your property.

McCourt Real Estate has put this article together for you to help you stay compliant!

Understanding Service and Assistance Animals

Before deciding how to handle a tenant’s request, it’s important to understand the difference between pets, service animals, and assistance animals.

A service animal, as defined by the Americans with Disabilities Act (ADA), is a dog that has been individually trained to perform specific tasks for a person with a disability. Only dogs and miniature horses (in some cases) qualify as service animals under the ADA.

An assistance animal or ESA is not required to have special training but provides emotional or therapeutic support to an individual with a disability.

These animals are protected under the FHA, which applies to nearly all rental housing in the U.S. Unlike service animals, ESAs are not limited to dogs and can include other species such as cats, birds, or rabbits.

Legal Protections for Tenants with Service Animals

Under the FHA, providers cannot refuse to rent to or discriminate against individuals who require service or assistance animals. The law also prohibits landlords from charging extra fees for these animals. However, tenants are still responsible for any actual damage caused by the animal.

In addition, landlords cannot impose restrictions based on breed, size, or weight. The ADA law also makes it illegal for anyone to falsely claim that their pet is a service animal, ensuring fairness for both landlords and individuals with genuine needs.

What Landlords Can and Cannot Ask

When a tenant requests an accommodation for a service or assistance animal, landlords may ask limited questions to verify the request. Specifically, you can ask:

1. Whether the tenant has a disability (without requiring them to reveal the specific diagnosis).
2. Whether the animal is needed because of that disability.

For service animals, if it’s not obvious what service the animal provides, you may also ask what tasks the animal has been trained to perform.

For ESAs, landlords may request documentation, typically a letter from a licensed healthcare provider, stating that the person has a disability and that the animal provides necessary emotional support. You cannot, however, request the tenant’s full medical records or proof of training.

How to Handle Requests for Accommodation

When you receive a request, it’s important to respond promptly and professionally. Here’s a general approach:

1. Review the request carefully. Verify whether the animal qualifies under the ADA or FHA definitions.
2. Engage in the interactive process. Communicate with the tenant to understand their needs without making assumptions.
3. Avoid immediate denial. Unless the animal poses a direct threat to others or causes substantial property damage , denial may violate the law.
4. Document the interaction. Keep records of all communications, documents, and your final decision in case of future disputes.

The goal is to balance compliance with the law and maintain your property’s standards.

Common Mistakes to Avoid

Landlords often make errors when handling these situations, sometimes unintentionally violating the law. Here are some of the most common pitfalls:

• Charging pet deposits or pet rent. Service and assistance animals are not considered pets, so pet-related fees and deposits cannot be applied. You can, however, charge the tenant for any damage beyond normal wear and tear once they move out.
• Applying pet restrictions. Breed, weight, or size restrictions cannot be used to deny a qualified animal. Every situation must be evaluated individually, based on actual risk or damage.
• Failing to document your decision. If you deny a request, always have legitimate, written justification. Failure to document your decision could expose you to legal complaints or fines.
• Ignoring local regulations. While federal law governs most situations, some states or municipalities have additional rules. It’s important to stay informed about laws in your area or consult a professional property manager familiar with compliance.

Maintaining Property Standards

You can enforce certain rules to maintain property standards and protect your investment.

You can require that the animal:

• Be under control at all times (for example, on a leash in common areas).
• Be housebroken.
• Not cause undue noise, odors, or damage.

If the animal causes repeated disturbances, poses a direct threat to others, or significantly damages the property, you may have grounds to take corrective action. However, this must be based on evidence, not assumptions.

Regular inspections, clear lease terms, and consistent communication with tenants can help prevent issues before they escalate.

Handling Emotional Support Animals

Landlords should review the ESA documentation to ensure it comes from a licensed healthcare professional and relates directly to the tenant’s need for the animal. Be cautious of online “certifications” or generic letters without professional credentials.

While you must accommodate legitimate requests, you are not required to accept false or fraudulent claims. If you suspect a document is fake or unreliable, consult legal counsel or a property management expert before making a decision.

Why Work with a Professional Property Management Company

Partnering with a professional property management company can help you navigate these situations confidently.

A qualified property manager understands fair housing laws, documentation requirements, and proper communication procedures. They can handle reasonable accommodation requests and document each step of the process to ensure compliance.

Additionally, a professional management company stays updated on changing laws and court rulings that may affect your obligations as a landlord.

Final Thoughts

Renting to tenants with service animals requires knowledge, fairness, and good documentation. Federal and state laws protect individuals who depend on these animals, and landlords must be prepared to adjust policies accordingly.

The best approach is to maintain clear communication, handle each request individually, and document every step.

If you’re unsure how to update your lease policies or want professional guidance on managing tenant requests, consider working with a trusted property management company like McCourt Real Estate and Property Management .