Can a landlord require a pet deposit for a service dog?
The Fair Housing Act defines a service animal as a dog that is trained to perform tasks or work for the benefit of a person with a disability. These tasks can include guiding individuals who are blind, alerting individuals who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, or performing other specific duties related to the disability. Emotional support animals (ESAs) are also protected under the FHA, but they are not considered service animals under the Americans with Disabilities Act (ADA). However, for housing purposes, both service dogs and ESAs are covered under the FHA.
Landlords are required to make reasonable accommodations for tenants with disabilities, which includes allowing service dogs and ESAs to live in the rental property, even if the property has a "no pets" policy. This means that landlords cannot charge a pet deposit, pet fee, or additional rent for a service dog or ESA. They also cannot impose breed or weight restrictions on these animals. However, tenants are still responsible for any damage caused by their service dog or ESA beyond normal wear and tear.
It is important for tenants to provide proper documentation for their service dog or ESA. While landlords cannot ask for detailed medical records or specifics about the disability, they can request a letter from a licensed healthcare professional confirming that the tenant has a disability and that the service dog or ESA is necessary to assist with that disability. This letter should be on the healthcare professional's letterhead and include their contact information.
If a landlord refuses to accommodate a service dog or ESA, or attempts to charge a pet deposit or fee, the tenant can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD investigates complaints of housing discrimination and can take legal action against landlords who violate the FHA. Tenants may also have the right to pursue legal action in court.
In addition to understanding their rights under the FHA, tenants with service dogs should also be aware of their responsibilities. This includes ensuring that the service dog is well-behaved, properly trained, and does not pose a threat to other tenants or the property. Tenants should also be prepared to address any concerns or complaints from neighbors or the landlord regarding the service dog's behavior.
If a tenant is unsure about their rights or how to handle a situation with their landlord, they should seek advice from a legal professional or an organization that specializes in disability rights. These resources can provide guidance on how to navigate the process and ensure that the tenant's rights are protected.
In summary, landlords cannot require a pet deposit for a service dog under the Fair Housing Act. Service dogs are not considered pets, and tenants with disabilities have the right to live with their service animals without facing additional fees or restrictions. Tenants should provide proper documentation and ensure that their service dog is well-behaved and properly trained. If a landlord refuses to accommodate a service dog or attempts to charge a pet deposit, the tenant can file a complaint with HUD or seek legal assistance.
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