Service dogs are an essential companion for individuals with disabilities, but finding an apartment that accommodates them can be a challenge. Service dogs are protected under the Fair Housing Act, which prohibits landlords from discriminating against tenants with disabilities.
Most apartments are required to make reasonable accommodations for service dogs, including waiving pet fees and allowing dogs in buildings that normally prohibit pets. However, landlords may ask for documentation from a healthcare provider to verify the dog's status as a service animal.
The Americans with Disabilities Act (ADA) requires landlords to provide reasonable accommodations for service dogs, including allowing them in common areas and providing access to amenities.
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Service Dog Certification and Documentation
Service dogs play a vital role in assisting individuals with disabilities, and certification and documentation can be a crucial part of this process.
Service animals are not exempt from local animal control or public health requirements, so it's essential to follow local licensing and vaccination rules.
You can obtain certification or registration documents online, but these do not convey any rights under the ADA, and the Department of Justice does not recognize them as proof that the dog is a service animal.
Service animals are subject to local dog licensing and registration requirements.
Mandatory registration of service animals is not permissible under the ADA, but voluntary registries are allowed for public purposes, such as ensuring emergency staff know to look for service animals during an emergency evacuation process.
To prove your disability and the need for a service animal, you may need to provide documentation, such as:
- A disability determination from a federal, state, or local government agency;
- Receipt of disability benefits (SSI or SSDI);
- Eligibility for housing voucher because of disability;
- Information from health care professional confirming disability.
Even if your disability is obvious, your landlord may still ask for documentation of the disability-related need for an assistance animal, but they're not entitled to know your diagnosis.
Your health care professional can provide information about your disability and the disability-related need for an assistance animal.
You can file a housing discrimination complaint with the following agencies:
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Service Dog Types and Breeds
The ADA doesn't restrict the type of dog breeds that can be service animals.
Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed, unless the dog poses a direct threat to the health or safety of others.
Local jurisdictions need to determine, on a case-by-case basis, whether a particular service animal can be excluded based on that particular animal's actual behavior or history, not because of fears or generalizations about how an animal or breed might behave.
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Breeds
The ADA doesn't restrict the type of dog breeds that can be service animals. This means that any breed of dog can be a service animal as long as it's properly trained and under the control of its handler.
Municipalities that prohibit specific breeds of dogs must make an exception for a service animal of a prohibited breed. This is unless the dog poses a direct threat to the health or safety of others.
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A service animal may not be excluded based on assumptions or stereotypes about the animal's breed or how the animal might behave. This is according to the ADA, which emphasizes that each service animal should be judged on its individual behavior, not its breed.
Local jurisdictions need to determine on a case-by-case basis whether a particular service animal can be excluded based on that particular animal's actual behavior or history.
Types of
Dogs are a common type of Service Animal, but they're not the only option. Typically, ESAs are animals that are commonly kept in households, such as dogs, cats, small birds, rabbits, hamsters, gerbils, other rodents, fish, turtles, or other small, domesticated animals traditionally kept in the home.
However, not all animals qualify as ESAs. Reptiles, with the exception of turtles, are not considered common household animals.
If you have a disability and want to keep a unique animal, you'll need to demonstrate a disability-related therapeutic need for that specific animal. This could be the case if the animal is individually trained to do work or perform tasks that cannot be performed by a dog.
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Service Dog and Apartment Living
Service dogs are trained to do specific jobs for people with disabilities, and only dogs or miniature horses can qualify. They recognize and respond to a person's disability, what they're doing, and what's happening around them.
Service dogs are not pets, but tools of a person's disability, and housing providers must make reasonable accommodations for them. This includes waiving pet policies, pet deposits, and breed or weight restrictions.
If you have a service dog, you have the right to live in an apartment or home with your dog, even if the lease has a "no pets" policy. This right is protected under the Fair Housing Act.
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Demonstrating Your Pet
You'll need to provide your landlord with a letter from your doctor or therapist stating you have a disability and explaining how your pet helps you cope with it. This letter is crucial in demonstrating the need for your pet.
A doctor's or therapist's letter should explain how your pet improves your symptoms or helps you manage your disability. It's not about the pet itself, but about how it supports you.
You'll also need to attach a brief personal statement to the letter, explaining to your landlord that you're asking for a reasonable accommodation to keep your pet who functions as a support animal. This statement should be clear and concise.
The letter and personal statement should be specific about how your pet helps you, and how it's necessary for your well-being. This will help your landlord understand your needs.
Pet Fees
If you have a service animal, you don't have to pay pet fees. Service animals are not considered pets and landlords can't charge you for them.
Landlords can, however, charge a security deposit to cover any damage caused by your service animal. This is a common policy, so be sure to review your lease agreement carefully.
You're responsible for maintaining and controlling your service animal, including paying for any damage it causes to the property. This is a condition of having a service animal, so be prepared to cover any costs.
If you're wondering whether you need to pay a pet fee, the answer is no. Assistance animals, including service animals, are not considered pets and landlords must waive all pet fees or deposits.
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Table of Contents
Service animals are trained to do a specific job for a person with a disability. They can be dogs or miniature horses.
Under the Fair Housing Act, tenants and homeowners with disabilities are allowed to have service animals in their homes/apartments, regardless of whether their lease has a "no pets" policy. This right also covers people who want to become tenants or homeowners and guests of tenants or homeowners.
Service animals recognize and respond to a person's disability, what they are doing, and what is happening around them. They are not pets, but tools of a person's disability.
Here are the types of animals that can be considered service animals:
- A service dog
- A miniature horse
If an individual's disability is not readily apparent, housing providers can ask for reliable documentation of the individual's disability or disability-related need for the service animal. This documentation can be a note from the individual's healthcare provider, such as a physician, therapist, or optometrist.
Understanding Service Dogs
A service dog is a dog that's been individually trained to do work or perform tasks for a person with a disability. The tasks performed by the dog must be directly related to the person's disability.
To qualify as a service dog, the dog must be trained to take a specific action when needed to assist the person with a disability. For example, a dog might be trained to alert someone with diabetes when their blood sugar reaches high or low levels.
The ADA makes a distinction between psychiatric service animals and emotional support animals. If a dog has been trained to sense an anxiety attack and take action to help avoid it, that's considered a service animal. But if the dog's presence provides comfort only, that's not a service animal under the ADA.
You don't need to use a professional service dog training program to train a service dog. People with disabilities can train their own dogs.
A service dog must be trained before it can be taken into public places, but some state or local laws may cover animals that are still in training.
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Frequently Asked Questions
Can someone ask me for papers on my service dog?
No, you cannot ask for papers or proof that your service dog is registered or certified. Service dogs are protected under the law, and their documentation is not required
Can a landlord refuse a service dog in Oklahoma?
No, a landlord in Oklahoma cannot refuse a service dog. However, there are specific laws and regulations that govern the use of service animals in rental properties.
Can a landlord deny a service dog in Florida?
No, a landlord in Florida cannot deny a service dog. However, they must comply with federal and state laws regarding service animals, which we can help clarify.
When can a landlord legally reject an ESA in California?
A landlord in California can legally reject an Emotional Support Animal (ESA) only if it would cause an undue financial and administrative burden, or if the ESA poses a direct threat to the health or safety of others. However, these circumstances are limited and must be carefully evaluated.
Sources
- Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs. (hud.gov)
- Fair Housing Act and Assistance Animals (humanesociety.org)
- https://www.oah.nc.gov/civil-rights-division/housing-discrimination (nc.gov)
- https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint (hud.gov)
- HUD guidance on assistance animals in housing. (hud.gov)
- Your Right to Assistance Animals in Rental Housing (lawny.org)
- Assistance Animals in Housing - Landlord/Tenant (arlawhelp.org)
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