Animals 101: Understanding Definitions and Rights for Assistance Animals
It's important to know the differences between pets, emotional support animals, and service animals.
Let's break down the definitions:
Pets: Pets are animals that people keep for companionship. Landlords can charge pet fees, rent, and deposits.
Emotional Support Animals (ESAs): ESAs give emotional support to help with a disability. They are not pets and are not bound by housing providers' pet policies or fees. People can have more than one ESA if needed.
Service Animals: Service animals are trained to perform tasks for people with disabilities. They are not pets and have specific rights under the law.
Assistance Animals: These are animals that help people with disabilities. They include both ESAs and service animals. The landlord's rules don't apply to assistance animals. A tenant can have as many as they need, as long as there's a real reason for each one.
Rights of Assistance Animals:
- No size or weight restrictions allowed.
- No denial of certain breeds unless there's evidence of a direct threat.
- If the landlord says no because of another resident's allergy or fear, they need to show proof of a direct threat.
- Residents need to supervise their assistance animals. Special collars or harnesses are not mandatory.
- Assistance animals don't need special certification or training. Proof of vaccination and housebreaking may be requested.
Important Note: People might be confused because laws have different definitions. The Fair Housing Act includes ESAs as an "assistance animal." But, the Americans with Disabilities Act limits "service animals" to dogs or miniature horses trained for specific tasks.
Understanding helps both tenants and landlords ensure fair treatment.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.