It’s an industry standard for pet-friendly apartments to charge a monthly fee for pets. Either that or require a pet deposit at the beginning of a new lease. So your property manager may ask for a pet deposit for your service animal. They may outright refuse to let them move in with you. They can try imposing these restrictions, but they’re wrong.
In the U.S., there are approximately 500,000 service dogs alone, and they’re not the only animal that qualifies. Figuring out your rights as the owner of a service animal when renting an apartment means having a little extra information in your back pocket.
This in-depth breakdown will give you the confidence you need to advocate for your service animal.
Service animals today
Governing what makes up a service animal, the Americans with Disabilities Act classifies them as dogs only. Specifically, a service animal is a dog individually trained to work with and perform tasks for a person with a disability. These animals must have equal access to everywhere their owner goes.
Service dogs can support their owners in many ways. They can serve as guides for those visually impaired, alert you to the onset of a medical issue or provide psychiatric support. Common breeds include German Shepherds, Labradors and Golden Retrievers. But, based on need, any trained dog can qualify.
The Federal Fair Housing Act also has its own definition, classifying them as assistance animals. This change in the title allows for a larger group. Assistance animals are those that work, provide assistance or perform tasks in service to a person with a disability. Emotional support animals also fit into this category. There’s no language that specifies what types of animals count, but the animal cannot be a pet.
A third definition of service animals also exists once you step onto an airplane.
Interpreting the rules of having a service animal
With three different definitions, it’s confusing what information you should use when a property manager tries to prohibit your having a service animal. The best bet is to start with the Fair Housing Act, using the A.D.A. as a backup to solidify your position.
Do I have to pay a pet deposit for service animals?
The quick answer is, “no.” Apartments and landlords cannot charge extra for service animals. A pet deposit for service animals is illegal, according to the Fair Housing Act. However, if your service animal damages your apartment, you might lose some of your security deposit. Any damage is usually your responsibility to pay at the end of your lease.
Can a landlord refuse a service dog?
Even if an apartment has a no pets policy, service animals are still allowed. They’re not pets. They perform an essential function by assisting people with disabilities. Additionally, breed restrictions don’t apply to service animals.
In order for a property manager to legally refuse a service pet, they have to prove the animal in question would:
- Impose an undue financial or administrative burden
- Fundamentally change the operations of the housing provider
- Pose a direct threat to the health and safety of others
- Result in significant property damage
These are all requirements of the Fair Housing Act. They only become valid after all reasonable accommodations to reduce or stop any threat get made.
What can a landlord require of me to bring my service animal?
It’s perfectly within their rights for a property manager to require a written request for you to have a service animal. This is true even if they allow pets. You might want to get ahead of their request and submit a formal letter first. Announce your service animal before you sign your lease. Include it in your request to remove all fees associated with bringing them with you. Mention that this is a legal request under the Fair Housing Act. Offer to provide extra documentation if necessary.
Property managers may ask for paperwork for your service animal if you’re renting in an apartment complex that does not allow pets. You may need to get a letter from your vet confirming the animal is in good health. You can also get asked for a letter from your doctor confirming you your service animal is medically warranted.
What if my service animal isn’t a dog?
The flexibility in terminology in the Fair Housing Act means animals other than dogs can support a person with disabilities. Between managing anxiety to helping with physical coordination here are some other animals that may qualify for the job.
- Cats: Some cats can become great emotional support companions
- Rabbits: Bonding fast with their owners makes rabbits able to potentially lessen anxiety or depression
- Parrots: Having a capacity for empathy and the ability to sense tension or anger in humans makes parrots a potential service animal. They can help prevent emotional outbursts by using their own language skills.
- Miniature pigs: A popular emotional support animal, pigs may also sense low blood sugar and oncoming seizures
For apartment dwellers, some of the smaller support animals are likely a better option. Llamas, miniature horses and even sheep might not quite work in a typical one-bedroom apartment.
How are emotional support animals different than service animals?
A property manager can’t refuse entrance to an emotional support animal. But they can push back if you try to bring a horse, llama or any animal considered wild.
Because emotional support animals occupy a “gray area” in rental agreements, it’s best to come prepared. Bring a letter from your mental health professional confirming your need.
Sharing your rental with a service animal
It may be a battle to bring in your service animal. The good news is that you have legal rights to live with a service animal or emotional support animal. A pet deposit for a service animal isn’t OK, but knowing this doesn’t absolve you from being transparent with your property manager.
It’s good advice, when submitting your rental application at a new apartment, to have documentation ready for your animal. This proactive approach shows the property manager you’re ready to respect their policies as long as they don’t violate your rights. Having a mature, informed conversation about your service animal is the best way to let your property manager or landlord know that your service animal will be as good a tenant as you are.
