Renting with Assistance Animals
Service animals, companion animals, emotional support animals, therapy animals, assistance animals — these are all terms that can create confusion if you’re not well-versed in the terminology and applicable laws. When applying for a rental, it’s important to know what your rights are if you have an assistance animal.
So what do all these terms mean and which one are you supposed to use?
Here are the common terms used when talking about service animals:
· A “service animal” as defined by the Americans with Disabilities Act (ADA) is “a dog that is individually trained to do work or perform tasks for a person with a disability” (DOJ 2010). An important aspect of this definition is “individually trained to do work or perform tasks.” While there is no requirement as to who can train the animal (i.e., it can be trained by the owner), there is a requirement that the animal be trained to perform a specific task. Under the ADA, only dogs are considered service animals. However, many states have expanded their definition to include other animals. Montana’s law provides that a “service animal means a dog or other animal individual trained to provide assistance to an individual with a disability” (MCA 49–4–203). However, there was recently a bill passed which amended the definition to “a dog or miniature horse” (H.B. 0439.01 2019).
· A “psychiatric service animal” is a sub-type of service animal which has been trained to detect psychiatric symptoms and assist in reducing the side effects. Because psychiatric service animals are a specific type of service animal, they are protected under the ADA.
· An “emotional support animal” is an animal which assists a mental health patient psychologically through functions such as comfort, companionship, and providing stability by having the presence of an animal. Emotional support animals are not protected under the ADA because they are not recognized as service animals under the act. They are, however, protected under the Fair Housing Act (FHA).
· A “companion animal” is an incorrect term used to describe an emotional support animal. It has no legal significance.
· A “therapy animal” is an animal trained to provide comfort to individuals seeking therapy services. Therapy animals are often owned by the therapy provider and used in their office, hospitals, or schools to provide comfort during times of crisis.
There are two acts that protect service animals and emotional support animals. The Americans with Disabilities Act (ADA) Titles II and III define what a service animal is and where a service animal is allowed. The ADA applies to government programs, facilities, and public accommodations. Under the ADA, service animals are allowed to be in ADA-covered facilities regardless of whether the facility has a “no pet” policy. Facilities are allowed to ask people two questions: (1) “Is this a service animal that is required because of a disability?” and (2) “What work or tasks has the animal been trained to perform?” No documentation is required to prove the animal is a service animal, and the animal is not required to wear a vest. As long as the animal is a service animal and remains in the owner’s control, it is allowed to be in the ADA-covered facility. The ADA only applies to service animals, so emotional support animals are not allowed in ADA-covered facilities.
The Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act of 1973 protect both service animals and emotional support animals. These acts apply to housing providers. Under these acts, service animals and emotional support animals are not distinguished. They are grouped together and called “assistance animals.” Assistance animals are not required to be specifically trained, although they do need to remain in the owner’s control. Under these acts, a person with a disability may request a reasonable accommodation to have their assistance animal in their housing regardless of the property’s pet policy. The acts also prohibit owners from being charged additional pet rent or pet deposits. Owners are required to verify the need for the assistance animal as it relates to their disability. This is verified through the owner’s “medically-knowledgeable professional.”
A common misconception about service and emotional support animals is they need to be registered or certified. This is absolutely false. There is no such thing as a service animal registry. These fake, online registries merely require you to pay a sum of money, and they will send you an official looking card and vest “proving” your animal is a registered service animal. These sites are dangerous because they spread misinformation about what is required to be a service animal.
So what exactly do you need to know when applying for housing?
Here’s a brief summary of the things you should be aware of when requesting to have an assistance animal in your rental unit:
· Because the Fair Housing Act does not distinguish between Service Animals and Emotional Support Animals, and refers to them both as Assistance Animals, the relevant term when it comes to housing is Assistance Animal.
· There is no such thing as a registry for Service Animals or Emotional Support Animals. These online registries are fake and are scamming your money.
· If you wish to request a Reasonable Accommodation, the request does not have to be on any specific form, and the landlord cannot ignore a request simply because it is not written or not submitted on the form demanded by the landlord. However, if possible, it is best to complete the landlord’s form, in order to document your request and any supporting information you provide. This can become critical in pursuing legal recourse if you feel the request has been ignored or wrongfully denied.
· The landlord can request verification that the animal is an Assistance Animal. This is usually done with a Request for a Reasonable Accommodation form that you complete, and submit with confirmation from a knowledgeable professional completes verifying the need for the accommodation.
· Landlords cannot charge pet rent or a pet security deposit for an Assistance Animal. Assistance Animals are not considered “pets” under the FHA.
· The animal must comply with city ordinances. That means if you have a dog, it needs to be licensed with the city and be current on vaccinations. There is no city license for cats, but they still must be current on vaccinations.
· You are required to follow reasonable policies given to you by your landlord. For example, the landlord may require you pick up your animal’s waste immediately. They may also require your animal be leashed when outside.
· If your animal causes damage to the unit, such as chewing carpet, the landlord can charge you for those damages.
· The animal must remain under your control. For example, it shouldn’t be running around unsupervised or act aggressively toward other animals or people. If the animal does not remain under your control or is aggressive toward other animals or people, the landlord can issue a Lease Violation and/or require the animal to not live on the property.
This is a lot of information to keep track of, but it’s important to be armed with your rights and responsibilities. If you are well informed, it will make the renting process with an Assistance Animal go a little smoother!
**Disclaimer: The contents of this publication are not legal advice. There is no guarantee contents are current and up-to-date, or that they apply to your specific situation.
Check out these resources for more information:
Service Animals — U.S. Department of Justice
Frequently Asked Questions about Service Animals and the ADA — U.S. Department of Justice
Table of State Assistance Animals Laws — Animal Legal & Historical Center
FAQ’s on Emotional Support Animals — Animal Legal & Historical Center
