Service animals are some of the most important animals around. They’re treated like citizens and are even allowed in public spaces with their handlers. That said, you might be wondering if service animals can live with you, even in otherwise non-pet-friendly housing.
So, can a landlord deny a service animal? The short answer is no, but there are some exceptions. Read on to learn more about whether or not landlords can deny service animals.
What Is a Service Animal
A service animal can be a miniature horse or a dog, and they help people who have disabilities. Typically, service animals help people who are physically or mentally disabled, and they even have special training to do so. In fact, service animals need this training or else they can’t enjoy the benefits provided by the Fair Housing Act (FHA), Americans with Disabilities Act (ADA), and the Air Carrier Access Act (ACAA).
Can a Landlord Deny a Service Animal?
No, landlords usually can’t deny service animals. This is due to the fact that service animals have protections under the Fair Housing Act (FHA). The act ensures that landlords have to make reasonable accommodations for service animals if someone has a disability and needs them. That said, there are some exceptions. For example, service animals can be denied if they’re dangerous or not trained properly.
Can a Landlord Deny an Emotional Support Animal (ESA)?
No, landlords can’t deny emotional support animals. They’re also protected under the Fair Housing Act, so you don’t have to worry about being evicted just for having one. However, like service animals, if an ESA is dangerous, damages property, or is too big for an apartment, landlords can deny it. For these reasons, you need to consider these factors when applying for housing with an ESA or when adding an ESA into your home.
How to Prevent Landlords from Denying Service Animals
Landlords can only deny service animals under unique circumstances, so knowing what those circumstances are and how to prevent them is key. We take you through some tips for preventing landlords from denying service animals below.
Proper Training
The best thing you can do for your service animal is to have them properly trained. Not only that, but service animals have to be trained anyway, so you should have this done regardless of your living situation.
While emotional support animals don’t have to be trained, that doesn’t mean you shouldn’t train them if possible. Whether you have an ESA cat, dog, or rabbit, training them to be quiet and respectful of others and their property ensures that landlords can’t deny them.
Register Your Service Animal
You’re not required by law to register a service animal. However, that doesn’t mean doing so is a bad idea. In fact, service dog registration is easy to accomplish online, so there’s no harm in getting it done. This ensures that you have the paperwork to go with your service dog’s status.
While landlords can’t legally ask about your disabilities or the status of your service animal or ESA, having the information on record is still useful. Plus, let’s face it, some landlords may ignore these rules anyway.
Choose the Right Housing
Choosing the right housing is also important. For example, you don’t want a massive Great Dane living in a small studio apartment. Not only is this bad for the dog, but it can also cause behavioral problems and lead to damage if the dog acts out. Unfortunately, this can be grounds for landlords to deny service animals.
For this reason, you need to choose the right housing. We recommend housing that’s the right size for your animal, and you should consider smaller service animals and ESAs if you don’t have a lot of space.
Can a Landlord Deny a Service Animal? Ensure They Can’t
In most cases, you don’t have to worry about landlords denying service animals. However, sometimes it’s possible if your service animal isn’t well-trained or well-behaved. Plus, having something as simple as a service dog or emotional support animal registration paperwork can go a long way in ensuring that your service animal can live with you.
Overall, following the tips we covered to ensure that landlords can’t deny service animals is the best thing you can do.
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