Can Landlords Deny Service Dogs or Must They Accommodate

Landlords are not allowed to deny service dogs, but they do have some rights when it comes to accommodations.

According to the Fair Housing Act, landlords must make reasonable accommodations for service animals.

Service dogs are protected under the Americans with Disabilities Act, which requires landlords to allow them in rental properties.

Landlords can ask for documentation, but they must not request proof of the disability itself.

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The Fair Housing Act is a federal law that protects people with disabilities from housing discrimination. It requires landlords to make reasonable accommodations for assistance animals, which includes emotional support animals.

Under the FHA, a disability is defined as a physical or mental impairment that significantly limits a person's major life activities. This means that even if a lease says "no pets" or restricts pets, landlords must make a reasonable accommodation to allow pets who serve as assistance animals.

Assistance animals are not the same as regular pets, and they have special rights under the law. They are animals that work, assist, and/or perform tasks and services for the benefit of a person with a disability, or provide emotional support that improves the symptoms of a disability.

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Landlords can ask specific questions to determine if an animal is an assistance animal, including:

If a tenant's disability is not readily apparent, the landlord can ask for reliable documentation of the disability or disability-related need for the assistance animal. This can be a note from a healthcare provider, such as a doctor or therapist.

Landlords in Texas can't deny service dogs as long as you fit the criteria. You need to be disabled and have a medical professional say you need the assistance animal.

Texas law and the Fair Housing Act protect your right to have a service dog. This means landlords must allow you to have your service dog as a reasonable accommodation.

Here are some things landlords can't do:

However, you can be required to pay if your assistance animal causes damage to the property or injures another person.

A reasonable accommodation is a change in a rule, policy, practice, or service of a housing provider that may be necessary to allow a person with a disability the equal opportunity to use and enjoy their home.

A disability is a physical or mental impairment which substantially limits one or more a person's major life activities. Major life activities include walking, eating, sleeping, speaking, hearing, caring for oneself, etc.

To qualify for a reasonable accommodation, a tenant must have a disability and require an assistance animal to perform tasks or provide emotional support that improves the symptoms of their disability.

Here's a breakdown of what a housing provider can ask regarding assistance animals:

Service dogs are trained to perform specific tasks for their owners, like guide dogs, and are allowed in public accommodations because of their owner's need for them at all times.

The term "service animal" is often used to refer to both service dogs and assistance animals, which can be confusing.

Service dogs are dogs who have been individually trained to do work or perform tasks for the benefit of a person with a disability, according to the Fair Housing Act.

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To qualify as an assistance or emotional support animal, a letter from a medical doctor or therapist is required, but the animal doesn't need to be trained to perform a service.

A service dog is not the same as an emotional support animal, which can be any type of animal that provides therapeutic emotional help to someone with a disability.

Service animals are treated equally with emotional support animals under the Fair Housing Act, and both are referred to as assistance animals.

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You can request a reasonable accommodation verbally or in writing, but it's a good idea to make the request in writing and keep a copy for yourself. Requests can be made at any point in your tenancy, whether you're applying for a lease, signing a lease, or already living in a rental property.

To make a request, you'll need to provide some information about your disability and how your assistance animal helps you cope with it. You can ask your doctor or therapist to write a letter explaining your situation and how your animal is necessary for your well-being.

The key is to provide reliable documentation of your disability and need for an assistance animal. This can be a note from your healthcare provider, but it's not required to have certification, training, or licenses. Your landlord can't refuse your request based on breed or weight restrictions, or because of a "no pets" policy.

Here are some examples of what you can ask your landlord:

Remember, you have the right to request a reasonable accommodation, and your landlord is required to make a change in their rule or policy to allow you to keep your assistance animal.

In Texas, landlords can't deny service dogs, but there are some rules to keep in mind. Texas law protects your right to have a service dog in your home, even if you rent it.

Under the Fair Housing Act, landlords must allow you to have your service dog as a reasonable accommodation as long as you're disabled and a medical professional says you need the assistance animal. This means they can't refuse to rent to you because of a "no pets" policy or turn you away because your service dog is outside the housing policy's breed and/or weight restrictions.

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However, landlords can ask questions about your service dog, such as what type of assistance it provides or whether it's a service animal. They can also ask you to pay for any damage your animal causes.

Here are some specific things landlords can't do to service dogs in Texas:

If you think you've been discriminated against in housing because of your service dog, you have the right to file a complaint through the Texas Workforce Commission's (TWC's) Civil Rights Division or the federal Department of Housing and Urban Development's (HUD's) Office of Fair Housing and Equal Opportunity (FHEO).

In New Jersey, service dogs are protected under the New Jersey Law Against Discrimination. This law prohibits discrimination against individuals with disabilities, including those with service dogs.