Key Takeaways
- The Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) requires landlords to make reasonable accommodations for residents with disabilities including allowing service or emotional support animals, even if a property has a “no pets” policy.
- A resident qualifies if they have a physical or mental impairment that substantially limits major life activities, have a history of such impairments, or are regarded as having one. Conditions like PTSD, autism, diabetes, or mobility impairments may all qualify.
- While landlords can verify the need for an assistance animal, they are restricted in how much medical information they can request. They must also be prepared to make reasonable accommodations to ensure equal housing access.
As a landlord, you have the right to put
some restrictions
on the lease regarding pets such as the number, type, and breed of pet a resident can keep.
However there is one group of residents that you must make an exception for and that is residents who have assistance animals. This is because “disability” is a protected class under both the Federal Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA).
These laws require that rental property owners make reasonable accommodations for disabled residents with assistance animals. Among these accommodations is allowing residents to keep their assistance animals regardless of what the lease says.
Unfortunately, this is one area where there is a lot of ambiguity regarding what landlords can and cannot do. But luckily for you, this guide by Rent Easy has you covered in this regard.
Here’s everything to know regarding renting to residents with service animals.
Contact Us Today
What Legal Protections Do Residents with Assistance Animals Have?
Disabled residents with assistance animals have a right to be treated fairly regardless of their mental or physical impairment. As such, you cannot implement any policies or rules that infringe on that right.
Per the FHA and ADA laws , landlords must provide disabled residents with assistance animals certain reasonable accommodations. You may also need to honor their requests for certain reasonable modifications to the unit.
Below are other examples of reasonable accommodations you may need to make:
- Reserve an accessible parking spot for the resident. Even if you have a first-come, first-served policy on parking spaces, you may need to reserve one spot that’s close to the disabled resident’s unit.
- Adjust the rent payment schedule to align with the date when the resident is receiving their disability checks.
- Allow the resident to have a live-in nanny or personal care attendant to live with the resident.
- Provide the resident with alternative communication formats . For example, in large print or electronic format.
- Allow the resident, upon request, to transfer to the ground-floor unit or a more accessible unit.
When it comes to modifications , the following are some of the things you may need to do.
- Widening of doorways to ensure easy wheelchair access in the unit.
- Installing grab bars in the bathroom or near the unit’s entrance.
- Installing visual and tactile alert devices.
- Removing below-counter cabinets to create more wheelchair space.
- Lowering cabinets or countertops in the bathroom or kitchen for easier accessibility.
- Replacing doorknobs with levers to assist someone who has difficulty twisting or grasping.
- Creating an accessible parking space near the entrance of the unit.
- Modifying a walkway to create an accessible path.
- Installing a wheelchair ramp near the unit’s entrance.
What Kinds of Disabilities Qualify for Reasonable Accommodations?
Under the ADA, the eligibility for reasonable accommodations isn’t based on a specific list of medical diagnoses. It’s based rather on how the medical condition they have impacts their life.
To qualify for a reasonable accommodation, a resident must meet one of the criteria below:
- Have a physical or mental disability that substantially limits one or more major life activities. Examples of such impairments can include HIV, autism, PTSD, diabetes, cancer, cerebral palsy, epilepsy, deafness, and mobility disabilities. Such impairments can impact major life activities such as seeing, bending, learning, walking, concentration, reading, and standing.
- Have a record of having such an impairment. For example, a person who previously had cancer but is currently in remission.
- One who is regarded by others as having such an impairment.
But please note that you are limited in the amount of information you can ask the applicant regarding their disability.
Book A Free Property Management Consultation
What are the Different Types of Assistance Animals?
Typically, there are two types of assistance animals you’ll find yourself dealing with as a landlord.
One type is referred to as a service animal. ADA defines a service animal as a dog trained to assist the disabled owner. The tasks the dog performs are directly related to the disability.
An example of a service dog is one that is trained to alert the owner when their blood sugar is low.
The other type of assistance animal is a companion animal . These are also referred to as therapy animals, or emotional support animals (ESA). These are designed to provide the owner with comfort. Owners with companion animals usually suffer from conditions such as depression, anxiety, post-traumatic stress, or autism.
Conclusion
Residents with service animals enjoy certain special protections under both the FHA and the ADA. As a landlord, it’s your responsibility to ensure you understand your obligations under these laws for utmost legal compliance.
Rent Easy is a reliable and professional property management company, serving rental property owners in Chesapeake, VA. We can help handle all your property management needs. Get in touch to learn more!
