Can landlords refuse to rent to someone with a service dog?

Landlords generally cannot refuse to rent to someone with a service dog due to federal laws protecting individuals with disabilities. Under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), service dogs are considered necessary accommodations for individuals with disabilities, and landlords are required to make reasonable accommodations to allow them to live with their service animals. However, there are some exceptions and nuances to this rule that are important to understand.

1. Legal Protections for Service Dogs:
The FHA and ADA define a service dog as a dog that is specifically trained to perform tasks or work for 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, or performing other duties related to a disability. Emotional support animals (ESAs), while not considered service dogs under the ADA, are also protected under the FHA if they provide therapeutic support for a disability.

2. Landlord Obligations:
Landlords are required to make reasonable accommodations for tenants with service dogs, even if the property has a "no pets" policy. This means they cannot charge pet fees, deposits, or additional rent for the service dog. They also cannot impose breed or weight restrictions on service dogs. However, landlords can ask for documentation to verify that the dog is a service animal or ESA, such as a letter from a licensed healthcare professional.

3. Exceptions to the Rule:
There are limited circumstances where a landlord may legally refuse a service dog. For example, if the property has four or fewer units and the landlord lives in one of them, the FHA may not apply. Additionally, if the service dog poses a direct threat to the health or safety of others or would cause significant property damage, the landlord may have grounds to deny the accommodation. However, these exceptions are rare and require substantial evidence.

4. Practical Tips for Tenants:
If you have a service dog and are seeking housing, it is important to communicate openly with potential landlords. Provide documentation from a healthcare professional if requested, and explain the role of your service dog in managing your disability. Be prepared to answer questions about your dog's training and behavior. If a landlord refuses your application due to your service dog, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD).

5. Risks and Concerns:
Some landlords may be unaware of the laws protecting service dogs or may attempt to circumvent them. It is important to know your rights and be prepared to advocate for yourself. Additionally, while service dogs are typically well-trained, it is your responsibility to ensure your dog behaves appropriately in a rental setting to avoid conflicts with neighbors or property damage.

6. Long-Term Care and Prevention:
To maintain a positive relationship with your landlord and neighbors, ensure your service dog is well-trained and well-behaved. Regular veterinary care, grooming, and proper waste disposal are essential. If your dog exhibits any behavioral issues, address them promptly through training or professional help.

7. When to Seek Professional Help:
If you encounter discrimination or refusal from a landlord despite providing proper documentation, consult a legal professional or contact HUD for assistance. Additionally, if your service dog shows signs of aggression or other behavioral problems, seek help from a certified dog trainer or behaviorist to ensure your dog remains a positive presence in your living environment.

In summary, landlords cannot refuse to rent to someone with a service dog under most circumstances due to federal protections. However, tenants should be prepared to provide documentation and advocate for their rights if necessary. By understanding the laws and maintaining a well-behaved service dog, individuals with disabilities can secure housing without unnecessary barriers.