As a landlord, it’s not out of the realm of possibility that you might receive an application from a renter who uses a service dog. Legally, it’s important for you to understand what a service dog is, what it does, and how it affects you under the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA). Both acts cover housing details and state that you cannot discriminate against an applicant due to disability. However, how does a service dog come into the mix?
First, it’s important to understand what constitutes a service animal. Many people have companion and working animals that provide everything from guidance and accessibility to emotional support. According to the ADA, however, a service animal is defined specifically as a dog (other animals cannot be legally called service animals), and it must be individually trained to do work or perform tasks for people with disabilities directly related to said disability. Some of these tasks can include guiding blind people, retrieving items for a person with mobility issues, accessing out-of-reach items for someone in a wheelchair, and similar. Service animals are not pets; they are working animals that provide necessary services for people with disabilities.
Find the Tenant You Can Trust
It’s important to understand that service dogs are not pets because it may affect your rental agreement. Even if you have a stipulation for no pets in your agreement, you must consider that the FHA and ADA state that any business generally open to the public must allow service dogs and cannot discriminate against people with disabilities. There are some exceptions: if you are renting rooms in your private home, or you own less than three private homes for rental purposes, you may be exempt. However, if you own more than three rental homes or property with multiple rental units, allowing service dogs becomes a necessity. As always, contact your legal counsel for the exact requirements of federal and local law.
If you’re concerned about allowing a dog on your property, be assured that service dogs are highly trained and intelligent animals. It’s highly unlikely they will cause property damage, and in order to be considered a service dog, it must be under control at all times. The breeds and types of dogs are specifically selected to work well with people and remain calm and well-behaved in a range of situations. Just remember: this is a working dog, not a pet. For more information, contact us any time and we’ll be happy to answer your questions.
If you’re looking into screening services for all potential tenants, try our RentalConnect program, which offers property owners and landlords a great alternative to the expense of full tenant screening. This service requires no on-site visit, sign-up, or membership fees, making it extra convenient. The service fee is paid by the applicant. Available 24/7, RentalConnect is fast, easy, secure, and delivers reports needed to make an informed decision, including a credit report, a national criminal search, and a national eviction search. Reach out to us for more details!
Landlords Property Managers Contact TSCI