Can Rental Properties With No Pet Policies Deny Service Animals?
In the United States, the Fair Housing Act (FHA) prohibits discrimination against individuals with disabilities. This includes discrimination based on the type of disability, as well as discrimination based on the use of a service animal. Under the FHA, a service animal is defined as a dog that is trained to perform tasks for an individual with a disability.
What Does This Mean for Landlords?
Landlords are generally prohibited from denying housing to individuals with disabilities, including individuals who use service animals. This means that landlords cannot have a "no pets" policy that applies to service animals. Additionally, landlords cannot charge extra fees or deposits for service animals.
There are some exceptions to this rule. For example, landlords may be able to deny housing to individuals with service animals if the animal poses a direct threat to the health or safety of others, or if the animal would cause substantial damage to the property.
What Can Landlords Do?
If a landlord is concerned about the potential impact of a service animal on their property, they can take the following steps:
- Ask the individual with the disability to provide documentation from a healthcare professional that the animal is a service animal.
- Ask the individual with the disability to provide a description of the tasks that the animal is trained to perform.
- Discuss with the individual with the disability any concerns that you have about the animal's potential impact on the property.
If the landlord and the individual with the disability are unable to reach an agreement, the individual may file a complaint with the U.S. Department of Housing and Urban Development (HUD).
What Can Individuals with Disabilities Do?
If an individual with a disability is denied housing because of their service animal, they can take the following steps:
- File a complaint with HUD.
- Contact a fair housing organization for assistance.
- File a lawsuit against the landlord.
The FHA is a powerful law that protects the rights of individuals with disabilities. If you are a landlord or an individual with a disability, it is important to understand your rights and responsibilities under the law.
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