Avoid These 3 Costly Mistakes With Support Animals
Navigating support animal requests can feel confusing, but understanding your legal responsibilities is essential to staying compliant and avoiding costly mistakes. Emotional support animals (ESAs) and service animals are not pets—they’re protected by law. Mishandling a request could land you in serious legal trouble.
If you’re unsure how to handle support animal requests or need help managing your rental property, give us a call at (858) 207-4595. Our team at Good Life Property Management is here to guide you through every step.
Key takeaways
- Support animals are not pets. They’re protected under the law, and mishandling requests can result in legal trouble.
- You cannot charge pet rent or deposits for emotional support or service animals.
- Request documentation carefully. Ask for proof of need, but don’t ask for personal medical details.
- You can only deny a request if the animal poses a real threat or creates an undue financial burden.
- Document everything and seek legal advice when in doubt.
Table of Contents
- Service Animals vs. Emotional Support Animals (ESAs)
- Mistake #1: Denying Support Animal Requests Without Proper Evaluation
- Mistake #2: Charging Pet Fees or Deposits for Support Animals
- Mistake #3: Asking for Too Much Information
- What Is a “Reasonable Accommodation”
- When Can You Deny a Support Animal Request?
- FAQs About Support Animals for Landlords
Service Animals vs. Emotional Support Animals (ESAs)
To handle support animal requests correctly, it’s essential to understand the difference:
- Service Animals are highly trained animals that perform specific tasks for individuals with disabilities, such as guiding someone who is visually impaired. Service animals are often dogs and are protected under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).
- Emotional Support Animals (ESAs) provide comfort and emotional relief for individuals with psychological or emotional challenges. Unlike service animals, ESAs don’t require specialized training, but they’re still protected under the FHA.
As a landlord, you’ll encounter ESAs more frequently, so it’s crucial to know your rights and responsibilities.
Mistake #1: Denying Support Animal Requests Without Proper Evaluation
Some landlords mistakenly reject support animal requests outright, especially in no-pet properties. However, federal and state laws, including the FHA and California’s Fair Employment and Housing Act (FEHA), protect tenants who need support animals.
What You Can Do:
- Request Documentation: You can ask for a letter from a licensed healthcare professional stating that the tenant requires the animal due to a disability.
- Evaluate Behavior Risks: If the animal has a documented history of aggression or poses a direct threat, you can deny the request.
What You Can’t Do:
- Deny a request because you don’t consider the tenant’s need valid.
- Reject an animal based on its breed or size.
Mistake #2: Charging Pet Fees or Deposits for Support Animals
Support animals are not considered pets, which means landlords cannot charge pet rent, pet deposits, or any other pet-related fees for them. Charging these fees is illegal and could lead to lawsuits or penalties.
What You Should Do:
- Clearly distinguish between pets and support animals in your rental policies.
- Ensure your team is trained to handle support animal requests correctly.
Pro Tip: If you have a no-pet policy, update it to reflect the exception for support animals. If you have a no-pet policy, update it to reflect the exception for support animals.
Mistake #3: Asking for Too Much Information
While landlords have the right to request documentation for support animals, there are limits to what you can ask. Overstepping these boundaries could result in discrimination claims.
What’s Allowed:
- A letter from a licensed professional confirming the tenant’s need for the support animal.
- Confirmation that the animal is necessary for the tenant’s disability.
What’s Not Allowed:
- Personal medical records or details about the tenant’s disability.
- Proof of the animal’s training (for ESAs, which don’t require training).
What Is a “Reasonable Accommodation”?
A reasonable accommodation is any change to your standard policies that enables a tenant with a disability to enjoy their home fully. Examples include:
- Allowing a tenant to keep an ESA in a no-pet property.
- Waiving breed or size restrictions for a support animal.
Reasonable accommodations must be granted unless they pose a direct threat to others or create an undue financial burden.
When Can You Deny a Support Animal Request?
Landlords can deny support animal requests only under specific circumstances:
- Direct Threat: If the animal has a documented history of aggressive or dangerous behavior.
- Undue Burden: If accommodating the animal would impose significant financial or administrative challenges.
Pro Tip: Before denying a request, consult with an attorney to ensure your decision is legally sound.
We’re Here to Help Handle Support Animal Requests
Handling support animal requests can feel overwhelming, but you don’t have to navigate it alone. At Good Life Property Management, we help landlords stay compliant, protect their properties, and avoid costly legal mistakes.
At Good Life Property Management, we believe life should be enjoyed, not spent sweating the small stuff. That’s why we set out to make property management easy. We care about you, your property, and your tenant. And we do it all so you can Live the Good Life.
Schedule a call to speak with one of our Good Life experts.
FAQs About Support Animals for Landlords
Can I charge pet fees for support animals?
No. Support animals are not considered pets, so landlords cannot charge pet deposits or pet rent for them.
What proof can I request for an emotional support animal?
You can request a letter from a licensed healthcare professional confirming that the tenant needs the animal due to a disability.
Can I deny a support animal request?
You can deny a request only if the animal poses a direct threat to others or creates an undue financial burden. Always consult an attorney before denying a request.
Do support animals need to be trained?
No. Emotional support animals do not require specific training, unlike service animals.
What’s the difference between a service animal and an emotional support animal?
Service animals are trained to perform specific tasks for individuals with disabilities, while ESAs provide comfort and emotional relief without training.
Steve Welty
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