Legal Hotline Q & A: Assistance Animals

They’re not pets — and yes — they’re entitled to live on your rental property

Dogs might be humanity’s best friend, but when it comes to rental properties that ancient relationship is often strained to the breaking point. For landlords and property managers enforcing strict no-pet policies, the broad category of “assistance animals” can be vexing and legally precarious. In this month’s questions, I look at what defines an assistance animal, and your responsibilities under the Fair Housing Act to the tenants who need them.

Why it matters: Knowing if you’re compliant with Fair Housing Laws in regards to assistance animals will keep you out of legal trouble.

Q: I’m a property manager, and the landlord has given me the power to screen and lease his properties. A prospective tenant contacted me regarding one of the apartments I have listed for rent in a “no pets” building. She says she needs to have her dog but wants to see the apartment and make an application if she likes it. What do I do?

This person might be saying she needs her dog because it is an assistance animal. You should show her the apartment, and when you do, ask if the dog is an assistance animal. If so, then her right to have the dog live with her in the apartment, even with a “no pets” policy, is protected by the Fair Housing Act. This dog would, in fact, not be a pet, but rather, a service animal.

Q: How do I verify whether she’s telling the truth? I hear about lots of people saying they need their pets for emotional support just to get around “no pet” policies.

If the disability is not readily apparent, you are entitled to ask the prospective tenant for a note from a doctor or other verification that her disability requires a support animal. The doctor’s note should be from a physician who is actually treating the prospective tenant (i.e., purchasing a random doctor’s note from a dubious online source won’t work). If you are worried about whether the documentation is accurate or truthful, contact an attorney to help you assess the note, and also, the risks of denying the prospective tenant.

Q: The attorney helped me determine that the prospective tenant’s doctor’s note is legitimate, and the dog is an assistance animal. Can I charge pet rent to protect the landlord’s property?

No pet rent may be charged. No pet deposit can be charged either. However, if the dog does damage the property, you can ask for reimbursement for damages done to the apartment, just like you would for damages caused by any other tenant during the tenancy.