Service Dogs and Renting: Your Rights and Responsibilities

As a renter, you have certain rights and responsibilities when it comes to service dogs. Service dogs are protected under the Fair Housing Act, which prohibits landlords from discriminating against tenants with disabilities.

You're allowed to have a service dog in your rental unit, even if there's a no-pets policy. This is because service dogs are considered medical equipment, not pets.

Landlords can't charge you extra fees for having a service dog. They also can't require you to provide documentation or proof of your disability.

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Service dogs and renting laws can be complex, but here are some key facts to keep in mind. You don't need to disclose that you have a service dog when applying to rent, but if you do, your landlord can only ask if it's under your control.

Your landlord can't require proof of training or certification for your service dog, but it must be under your control at all times. This means it should be harnessed, leashed, or tethered while in public places, unless it needs to be unleashed to perform a task. You must re-leash it when the task is completed and use signals to instruct it.

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Misrepresenting a service dog as a trained service dog is a misdemeanor punishable by up to six months in jail and/or a $1000 fine. Your landlord can take steps to evict an animal that's not properly trained or if it's disturbing other tenants, is aggressive, or destructive.

You can't be charged pet rent or pet deposits for a service dog, but you may need to pay for damage caused by the animal. Your landlord can require you to get your service dog licensed or vaccinated according to state or local government laws that apply to all animals in the area.

Here are some exceptions to keep in mind:

If you're living at a shelter, you should be allowed to keep your service dog with you. However, you may need to request a reasonable accommodation to keep an emotional support animal (ESA) with you. A service dog can be permitted in communal food areas and other areas you're allowed in, but you don't need to request a reasonable accommodation to keep it with you.

If you're denied a reasonable accommodation, you can file a housing discrimination complaint against the housing provider with the California Civil Rights Department or the U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity.

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An Emotional Support Animal (ESA) can be any animal that provides comfort or support that alleviates one or more symptoms of a person's disability. ESAs do not need specific training to provide comfort or support for one's disability.

If you have an ESA, your Housing Provider can require documentation that you have a disability and you have a disability-related need for the ESA. This documentation can be a letter from a medical professional verifying your need for an ESA.

A Housing Provider can ask you to provide medical verification of your need for the ESA, but they cannot require detailed information about your diagnosis. For example, if you request to keep an ESA in your home, you can provide a letter explaining your need for the ESA without revealing the specifics of your diagnosis.

If you need to request a reasonable accommodation for an ESA, you can use a sample letter like the one provided in the California Civil Rights Department's FAQ document. This letter explains your need for an ESA and provides a clear request for accommodation.

Here's a breakdown of the requirements for requesting an ESA in a rental property:

If you have a service animal, you don't need to disclose it on your rental application, but it's a good idea to seek legal advice about your specific situation.

Your Housing Provider can only ask if your service animal is under control of its handler. This means the animal must be harnessed, leashed, or tethered while in public places, unless it must be unleashed at certain times to perform a task.

Misrepresenting an animal as a trained service animal is a misdemeanor punishable by up to six months in jail and/or up to a $1000 fine.

Your Housing Provider cannot charge pet rent or pet deposits for assistance animals, but you may need to pay for damage caused by the animal.

You may need to get your assistance animal licensed or vaccinated according to state/local government laws.

"No pets" policies do not apply to assistance animals, and Housing Providers generally cannot use weight and breed restrictions against them. However, they can sometimes find another way to restrict dogs based on breed.

Here's a quick rundown of the laws that apply to all assistance animals:

As a landlord, it's essential to understand your responsibilities when it comes to service animals. You must take reasonable steps to accommodate tenants with service or comfort animals.

Landlords cannot charge pet deposits or monthly pet fees, but they can hold tenants responsible for any damage caused by the animal. You should also conduct regular inspections to document any move-in and move-out damage.

You may require tenants to get their assistance animal licensed or vaccinated according to state or local laws that apply to all animals in the area. This is a standard practice for all animals, not just service animals.

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As a landlord, it's essential to understand your responsibilities when it comes to service animals. Federal Law requires you to take reasonable steps to accommodate tenants with service or comfort animals.

You cannot charge a pet deposit or monthly pet fee, but you can hold the tenant responsible for any damage caused by the animal.

Regular inspections are crucial to document any move-in and move-out damage, so you can charge the tenant for repair costs if necessary.

If a tenant has a service animal, you cannot charge fees that are not charged to other patrons without animals.

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Landlords cannot enforce breed restrictions on service dogs, as it's against many local rental laws. This means that service dogs can be any size or any breed.

Landlords can't apply weight restrictions to service dogs, like a 30-pound limit. This is a common misconception that's not allowed.

However, landlords can sometimes find another way to restrict dogs based on breed for service dogs, but not for emotional support animals. It's essential to seek legal advice if you're unsure about your situation.

In general, "no pets" policies don't apply to assistance animals, including service dogs and emotional support animals. This means you can have an assistance animal in your rental unit even if the policy says no pets.

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