Service animals provide invaluable assistance to individuals with disabilities, enabling them to live more independently and fully participate in society. However, some landlords and property owners may impose pet deposits on tenants who have service animals. This practice raises important legal and ethical questions regarding the rights of individuals with disabilities and the obligations of landlords.

Can You Charge a Pet Deposit for a Service Animal?

What is a Service Animal?

According to the Americans with Disabilities Act (ADA), a service animal is defined as a dog that has been trained to perform tasks for an individual with a disability. These tasks may include guiding the blind, alerting the deaf to sounds, pulling a wheelchair, or fetching medication. Service animals are not considered pets, and they are exempt from pet deposits and other fees that are typically charged for companion animals.

Can Landlords Charge a Pet Deposit for a Service Animal?

The ADA prohibits landlords from charging pet deposits for service animals. This prohibition applies to all types of housing, including apartments, houses, and condominiums. Landlords are also required to make reasonable accommodations for tenants with service animals, such as allowing them to keep the animal in the unit and providing access to common areas.

Exceptions to the Rule

There are limited exceptions to the rule that landlords cannot charge pet deposits for service animals. For example, landlords may charge a pet deposit if the animal causes damage to the property. However, the landlord must demonstrate that the damage was caused by the service animal and not by the tenant. Additionally, landlords may charge a pet deposit if the animal is not properly trained or controlled.

What to Do if You Are Charged a Pet Deposit for a Service Animal

If you are charged a pet deposit for a service animal, you should first contact the landlord and explain that service animals are exempt from pet deposits under the ADA. You can also file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD can investigate the complaint and take action against the landlord if necessary.

Conclusion

Landlords cannot charge pet deposits for service animals. This prohibition is a fundamental part of the ADA, which ensures that individuals with disabilities have equal access to housing. If you are charged a pet deposit for a service animal, you should contact the landlord and explain the law. You can also file a complaint with HUD.