Key Takeaways

1. Assistance animals aren't pets – No pet fees, deposits, or restrictions apply under the Fair Housing Act.
2. Service vs. support animals – Service animals are task-trained; support animals provide emotional help. Both are protected, but differently.
3. Legal compliance is required – Denials must be justified. Mishandling requests can lead to legal penalties.

Are you unsure of how to handle a tenant’s request to live with a service animal? Many landlords face this situation and aren’t clear about what they are legally allowed to ask or require. Missteps can lead to costly legal issues or fair housing complaints. It is crucial to stay compliant with federal regulations.

First & Main Property Management put together this article to help landlords understand what’s required, what’s allowed, and how to protect your rental property while following the law.

Overview of HUD Guidelines on Assistance Animals in Housing

The U.S. Department of Housing and Urban Development (HUD) sets the guidelines that landlords must follow when dealing with tenants who need assistance animals. 

Under the Fair Housing Act (FHA), it is illegal to deny housing to someone because of a disability. 

This includes people who need assistance animals to help manage physical or mental health conditions. HUD’s guidance makes it clear that assistance animals are not considered pets.Therefore, pet restrictions, fees, or deposits typically do not apply to them.

HUD also states that landlords must make reasonable accommodations for tenants with disabilities. If a tenant requests an exception to a no-pets policy because of a service or emotional support animal, landlords are usually required to allow it, unless doing so would cause an undue financial or administrative burden, or fundamentally alter the nature of the housing.

Categories of Assistance Animals

Assistance animals fall into two main categories: service animals and support animals. Understanding the difference is critical for landlords. Both types are protected under the Fair Housing Act, but they are defined and treated differently under federal law.

Service animals are limited to dogs (and in some cases, miniature horses) trained to perform specific tasks for a person with a disability. 
Support animals, often referred to as emotional support animals (ESAs), may include other species and do not need to be trained to perform specific tasks. Their primary role is to provide emotional comfort or relieve symptoms of a mental health condition.

Service Animals and Their Roles

Service animals are covered by both the Fair Housing Act and the Americans with Disabilities Act(ADA). These animals are specifically trained to carry out tasks that assist with a person’s disability. This can involve alerting someone who is deaf, assisting with a wheelchair, guiding a person who is blind or reminding the individual to take their medication.

Landlords are allowed to ask two questions when a tenant requests an accommodation for a service animal: (1) Is the animal required because of a disability? and (2) What work or task has the animal been trained to perform? However, landlords may not ask for details about the tenant’s disability or require proof of training or certification.

It is also important to note that even if your property has a no-pets policy, you must still make accommodations for service animals. Service animals must be allowed in all areas of the property where tenants are normally allowed to go.

Companion Animals and Emotional Support

Emotional support animals (ESAs), also known as companion animals, are not trained to perform specific tasks but provide therapeutic benefits through companionship. They are often used by individuals with mental health disorders such as anxiety, depression, or PTSD.

Unlike service animals, ESAs are not covered under the ADA but are protected under the Fair Housing Act. Tenants requesting to live with an ESA may be asked to provide documentationfrom a medical or mental health professional stating that the animal is needed for their disability.

Landlords cannot charge pet fees, deposits, or higher rent for emotional support animals. However, tenants are still responsible for any damage their animal may cause. Additionally, if an ESA poses a direct threat to others or causes significant damage, a landlord may have grounds to deny the accommodation.

Legal Rights of Tenants with Assistance Animals

Tenants with disabilities who require assistance animals have specific rights under federal housing laws. These include the right to request reasonable accommodations and to live with an assistance animal even if a property has a no-pet policy.

Landlords are not allowed to deny housing simply because a tenant has an assistance animal. They also cannot impose conditions that are not applied to other tenants, such as requiring liability insurance or extra deposits. 

Any denial must be supported by evidence that the animal would cause undue hardship or pose a direct threat to others' safety or property. If a landlord denies a reasonable accommodation without proper justification, the tenant may file a complaint with HUD, which could lead to legal action, fines, or damages.

Landlord Obligations and Compliance Requirements

As a landlord, it is your responsibility to understand and comply with the federal laws protecting tenants with assistance animals. This includes reviewing any accommodation requests fairly, responding in a timely manner, and documenting your decisions properly.

You should also avoid blanket policies that deny all pets, as this could be seen as discrimination against tenants who rely on assistance animals. Instead, have a clear process in place for evaluating accommodation requests.

If you have concerns about a specific situation, such as a dangerous animal, health concerns for other tenants, or potential damage, those concerns must be based on factual evidence, not assumptions or fears.

Make sure to keep your leasing staff or property managers informed and trained on current fair housing regulations. Failure to comply can lead to lawsuits, fines, and damage to your reputation.

Bottom Line

Renting to tenants with service animals or emotional support animals is not just a policy decision, it is a legal requirement. Landlords must understand the difference between service and support animals, follow HUD’s guidance, and treat requests for accommodation seriously and fairly. 

While it may feel like a gray area at times, keeping up with the rules helps protect both your tenants and your property.

First & Main Property Management is here to guide landlords through this process. We help you navigate requests, comply with fair housing laws, and avoid legal risks. Our team stays current on HUD and ADA regulations so you don’t have to. If you need help updating your rental policies, we’re ready to support you.