According to MarketWatch, about 66% of American households own some type of pet. Many Americans are renters, which means landlords will inevitably encounter animal companions.
Not all animals are pets, however. Some are service or support animals. They have different protections within rental properties.
But what's the difference between a pet vs a service animal or support animal? We're here to talk about it so you can stay in compliance with the law.
Read on to learn about these different types of animals that may live with your tenants and how you should approach them.
Service Animals
Service animals receive training to perform specific tasks for people with disabilities and health conditions. These tasks include things like guiding the blind, alerting the deaf, or assisting those with mobility or seizure disorders.
Under the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA), service animals are protected and may accompany their owners in all areas of a rental property regardless of pet policies.
Landlords cannot require pet deposits or fees for service animals, nor can they restrict their size or breed. Instead, landlords must provide reasonable accommodations (including the allowance of the animal) to make sure the tenant with a disability has equal access to the rental property.
Emotional Support Animals
Emotional support animals (otherwise known as ESAs) provide emotional comfort or therapeutic benefits for people with mental or emotional conditions. These include conditions like depression, anxiety, PTSD, and more. They don't receive training to perform specific tasks like service animals, but they're still protected under the FHA.
To qualify for an ESA, tenants must provide documentation from a healthcare professional. That documentation indicates their need for an emotional support animal. Landlords can request this verification but they may not ask specifically about the condition the tenant has.
Pets
We all love pets, but they don't receive training or offer extra support to people with disabilities beyond companionship. They are subject to pet deposits, fees, and restrictions. They have no protection under the ADA or FHA because they don't have service or emotional support animal roles.
Tenants with pets must stick to the landlord's rules and regulations.
Best Practices for Landlords and Property Managers
Landlords and property managers should develop clear pet policies, request documentation for ESAs, provide reasonable accommodations for service animals, and communicate effectively with tenants. They should learn about national and local housing laws to avoid accidental noncompliance.
No one wants to disrupt the peace of someone with a disabling condition. Landlords should make their pet policies clear, but also remain open-minded if they aren't clear on the tenant's situation.
Animal Companions: Who's On Your Property?
Animal companions aren't limited to pets. Landlords should know about all different types of companions, including service and support animals. They all have different rules, and you wouldn't want to end up in legal trouble.
Are you an Oklahoma City landlord who needs some guidance? At PMI Okcity Local, we offer comprehensive property management services. We'd love to help you.
Schedule a free consult today.
