How to Handle Assistance Animals in your Rental Property

As much as we may like our furry, four pawed friends, they are enough to make any landlord cringe. As a landlord you need to keep yourself up to date and well informed of the federal, state and local laws regarding Assistance Animal. Due to the increased studies showing the benefits of assistance animals for the physically and mentally disabled, you very well might encounter this situation in the very near future.

Don’t Discriminate

You need to learn the rules and conditions of Reasonable Accommodations, so that you know what is expected of you and allowed in your rental. You cannot ask disability questions due to discrimination. Some disabilities, such as a wheelchair are very visible. However, animal assistance is becoming more popular with certain mental disabilities.

Two Types of Assistance Animals

They are divided into Service Animals and Support/Companion Animals. Both must have these existing conditions to determine if they qualify for Reasonable Accommodations:

1. Having a diagnosis that they are physically or mentally impaired to the point that limits one or more major life events such as walking, working, seeing, activities of daily living, etc.
2. Having a history of disability.
3. Or being regarded of having these disabilities.

Service Animal versus Companion Animal

Once determined that Reasonable Accommodations must be made for the animal, which kind are you dealing with?

• Service Animal – Must be trained to provide a service to the disabled person and have a certificate. Majority of instances this is a dog.
• Support/Companion Animal – Also known as an Emotional Support Animal (ESA). No training or certificate for an ESA. They can also be any species or breed. Standards are not set high to qualify for an ESA.

Both animal types require a diagnosis of a disability that effects their activities of daily living and/or will the animal perform or assist with duties or tasks for the disabled tenant.

Assistance Animal Request

There is not much that you can do to prevent a true service animal from becoming your animal tenant. However, they tend to be very well behaved as they have been trained to do a job. There is more of a gray area when it comes to an Emotional Support Animal. Never hesitate to involve a Landlord Tenant Attorney to help you make the correct decisions.