Animals 101: Service Animals and Fair Housing FAQ

If you have a disability and have a service animal, it's important to know your rights. Here are key points to consider:

Service Animal Rights

• No Pets Policy: If the property has a "no pets" policy, you can still request accommodation for your service animal. The housing provider must make a reasonable exception for applicants with disabilities.
• Restricted Breeds: Even if your service animal's breed is on a restricted list, you can seek accommodation. The landlord can't do a blanket denial. Instead, they need to decide after an individualized assessment of the specific animal's behavior.
• Animal Type: Service animals can only be dogs or miniature horses. Cats and other animals may be considered emotional support animals or "assistance animals" if it is related to a disability.
• Allergies: If the landlord denies the service animal because of their own allergies or another tenant's, they have to prove that the service animal is a "direct threat of harm." They need to look at your specific animal and decide based on real evidence of harm.
• Pet Rules and Fees: A landlord may have a rule that the animal is housebroken. They can't charge any fees for the service animal, including pet deposits, pet rent, or extra pet fees. But, if the animal causes damage, the landlord can charge the tenant for the cost of damage or make them clean up.

Landlords can ask questions about your service animal:

1. Is the animal a dog?
   1. Yes: Continue to question #2.
   2. No: The animal is not a service animal, but it might be another type of assistance animal.
2. Is it clear that the dog is trained to do work to help the person with a disability?
   1. Yes: Any further questions are unnecessary and inappropriate because the animal is a service animal.
   2. No: Continue to question #3.
3. What work or tasks has the animal been trained to do?
4. Is the animal required because of a disability?
   1. Yes: If a work or task is identified, then the accommodation should be approved.
   2. No: The animal is not a service animal, but it might be another type of assistance animal.