Avoid These 3 Costly Mistakes with Support Animals in Rentals

Navigating support animal requests can be challenging for landlords, but understanding your legal responsibilities is essential to avoiding costly mistakes. Emotional Support Animals (ESAs) and Service Animals are not classified as pets—they are protected under federal law. Mishandling a request can lead to legal consequences, fines, or even lawsuits.

At Arrow Real Estate, we help property owners manage their rental properties with confidence while staying compliant with fair housing laws. If you need guidance on handling support animal requests, our team is here to assist.

Understanding the Difference Between Service Animals and Emotional Support Animals

Before addressing a support animal request, it is important to understand the distinction between Service Animals and Emotional Support Animals (ESAs).

• Service Animals are specifically trained to perform tasks for individuals with disabilities, such as guiding a person with visual impairments or alerting someone with a hearing impairment. They 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 conditions. Unlike service animals, ESAs do not require specialized training but are still protected under the FHA.

Most rental property-related support animal requests involve ESAs, so landlords must be aware of their obligations under fair housing regulations.

Mistake #1: Denying Support Animal Requests Without Proper Evaluation

A common mistake landlords make is rejecting support animal requests without evaluating them properly. Even in a no-pet property, denying a request outright can violate fair housing laws.

What You Can Do

• Request Documentation: A landlord can ask for a letter from a licensed healthcare provider confirming the tenant’s need for the support animal.
• Assess the Situation: If the animal has a documented history of aggressive behavior or poses a direct safety threat, you may have a legitimate reason to deny the request.

What You Cannot Do

• Deny a request because you personally question the tenant’s need for a support animal.
• Reject an animal based on breed or size restrictions.

Federal and state fair housing laws require landlords to evaluate support animal requests on a case-by-case basis. Failing to do so can result in discrimination claims.

Mistake #2: Charging Pet Fees or Deposits for Support Animals

Support animals are not considered pets, meaning landlords cannot charge pet rent, pet deposits, or any pet-related fees for them. Charging fees for an ESA or service animal is illegal and can result in penalties.

What Landlords Should Do

• Update rental policies to reflect the distinction between pets and support animals.
• Educate property management teams to ensure they handle support animal requests correctly.

If your lease agreements or policies currently include pet fees for support animals, they should be revised immediately to ensure compliance with fair housing laws.

Mistake #3: Requesting Too Much Information

While landlords are allowed to verify a tenant’s need for a support animal, there are strict limits on what information they can request. Overstepping these boundaries can result in legal action.

What is Allowed

• A letter from a licensed healthcare provider confirming the tenant’s need for a support animal.
• Verification that the animal is necessary due to the tenant’s disability.

What is Not Allowed

• Personal medical records or details about the tenant’s disability.
• Proof of training (only service animals require specialized training; ESAs do not).

Landlords should approach documentation requests with caution and ensure they are not violating fair housing laws.

Understanding Reasonable Accommodations

A reasonable accommodation is a modification to a landlord’s standard rental policies that allows a tenant with a disability to fully enjoy their home. Examples of reasonable accommodations for support animals include:

• Allowing an ESA in a no-pet property.
• Waiving breed or size restrictions for a support animal.

Landlords must grant reasonable accommodations unless the request poses a direct safety risk or creates an undue financial burden on the property.

When Can a Landlord Deny a Support Animal Request?

There are only a few legally valid reasons for denying a support animal request.

• Direct Threat: If the animal has a documented history of aggressive or dangerous behavior that poses a risk to others.
• Undue Burden: If accommodating the animal creates a significant financial or administrative hardship for the landlord.

Before denying a request, landlords should consult with legal counsel to ensure they are not violating fair housing laws.

Stay Compliant with Support Animal Laws

Managing support animal requests can be complex, but landlords must remain compliant to avoid legal issues. At Arrow Real Estate, we help property owners navigate fair housing regulations, protect their investments, and ensure their rental policies are legally sound.

If you need expert guidance on support animal requests or property management, contact our team today to learn how we can help.