Service Animals Are Not Pets
What is a true service animal?
A true service animal is one that has been trained to assist a disabled individual in performing certain tasks. One of the more common types of trained service animals is the seeing-eye or guide dog that assists the blind. Another example would be the diabetic alert dog that is trained to alert to a change in blood sugar levels. A service dog has received extensive training and will not bark or otherwise misbehave. Many times they will wear a harness or other identifier. However, be aware that there are people online selling fake service dog certifications without even knowing anything about the animal. Most, but not all, true service animals are dogs.
A landlord may request verification from the tenantʻs health provider confirming the animal is needed by the tenant. However, the landlord may not ask the tenant about the disability itself. A service animal is NOT a pet and the landlord is therefore not permitted to charge a disabled tenant a pet deposit. However, the landlord may charge the tenant for any damages the animal may cause.
An emotional support animal (ESA) is not a trained service animal. Its purpose is to provide comfort to someone who suffers from anxiety and/or similar issues. As with a service animal, the landlord may not collect a pet deposit for an ESA. However, they may evict the tenant is the animal is damaging the property or creating other problems.
A landlord may decide not to accept an ESA in their rental unit if it causes them undue hardship As an example, a landlord may deny as ESA if it will result in an increase in their insurance premium. Insurance companies have been known to cancel homeowner policies if there are certain breeds of dogs on property (i.e. Pit Bulls and German Shepards).
Understand the difference between a service animal and an emotional support animal. The laws can be complicated and it is always best to contact an attorney for assistance if needed.
