Companion Animal or “Normal” Pet?
Guidelines under the Fair Housing and Americans with Disabilities Acts
Knowing the laws regarding service or companion animals and differentiating them from “normal” pets is valuable to all landlords and property managers. Every rental property owner has the right to prohibit pets; but no one has the right to prohibit legitimate service or companion animals.
Here are a few guidelines to keep in mind:
• Rental property owners are required under the Fair Housing Act (FHA) to “make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities.”
• Persons with disabilities are broadly defined and protected from discrimination under the Americans with Disabilities Act (ADA).
• Landlords and property managers are required to make accommodations for service and companion animals—even if your property is pet-prohibited.
• Service and companion animals are not always easy to spot—they don’t all wear special vests or collars.
• Service and companion animals are not always dogs. Some tenants might need a cat, a bird, or an iguana to better handle certain emotional issues.
• Tenant disabilities are not always obvious—and both physical and mental disabilities are covered under the ADA.
• The old adage “never assume” is the best advice. Don’t assume your tenant has or does not have a disability and don’t assume your tenant needs or does not need a companion or service animal.
• You have the right to require proof of need of the companion/service animal from your tenant’s physician or other health care provider, as well as for proof of the tenant’s disability.
• You have the right to require tenants with service or companion animals to abide by your rules for waste disposal, leashing, and health requirements such as vaccinations.
The courts have ruled on the side of tenants and on the side of rental property owners in many companion animal cases. If you have a problem with a tenant’s pet—whether or not you have a pet policy in force—obtain sound legal advice from a qualified landlord/tenant attorney.