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Laws Governing Service Dogs
Housing
Service Dogs and Emotional Support Dogs/animals are protected under the ADA, and Fair Housing Authority.
https://www.hud.gov/sites/documents/SERVANIMALS_NTCFHEO2013-01.PDF
That does not mean that everyone with a prescription can bring in a dog or any other animal, in spite of your no pet policy. There are rights and then there are responsibilities. Unfortunately there are people that claim they have rights, but refuse to take the responsibility.
Please be kind. People with disabilities, visible or invisible have struggles that you can not see. Harassment and discrimination are against the law and unnecessary.
You may require a letter from a medical or psychiatric provider stating they have a disability. They do not have to disclose their specific disability.
All applicants should pass the application and screening process. Prior rental history, background checks, credit check, personal references... If someone tells you they have a Service Dog, that means that they have one or more disabilities, and their dog has been specifically trained to perform tasks that help with their disability. It also means their dog will not be aggressive, they will not growl or bark inappropriately. They will not only be house broken, they will only go potty when and where they are told to.
Service Dogs are very costly animals. They have months to years of training. You will not see a Service Dog out running the streets without their owner. That does not mean they might not escape once in a while. It would not be a regular occurrence. These people have the right to use their dog in public. That means their handler would seldom leave without their dog.
Emotional Support dogs/animals are also covered by prescription. The person must have a specific disability. These animals only have rights to housing. They do not qualify for public access, so would typically remain in the residence during the day. This animal does not have to be a dog.
The landlord may not charge a fee or deposit for the use of a Service Dog or Emotional Support Dog/Animal. However if the animal does cause damage to the property, the tenant may be liable for those expenses.
Companion Animals/Pets: The person does not have a specific disability. Their dog/animal can be there simply to keep them from being alone. Even though there is an emotional benefit from this animal it is not covered under the Fair Housing Act.
These animals can not be considered a danger to others. They can not be aggressive, or unruly. If they bark excessively or otherwise disturb other tenants, are not housebroken, the person may qualify, but the animal may not.
Tenants are always responsible for any and all damages done, including by their dog. As a Landlord you have a right to protect your property from damage.
Not only does the ADA and Fair Housing protect your rights as a property owner. There are usually City, County, State ordinances that you can incorporate into your guidelines.
You can make written rules that comply with these ordinances and laws.
Example: (dog here means Service Dog or Emotional Support Animal specifically)
Anyone requesting the use of a Service Dog or Emotional Support Animal shall provide specific documentation as allowed by law.
All dogs/animals must be housebroken.
All dogs/animals must have proof of current rabies by documentation or local license.
All dogs/animals must be on a leash at all times, when outside of their housing. If caught running loose, they will be turned over to the local authority.
All dogs/animals must use the pet area only to go potty.
All poop must be picked up and properly disposed of.
No dogs/animals will be allowed to disturb other residents by excessive noise. If your dog is barking, we will assume there is an emergency and respond accordingly.
Aggressive dogs/animals will not be allowed. Snarling, growling, barking, snapping, and biting are all considered signs of aggression.
Dogs/animals may not damage the property. Owners will be held responsible for any and all damages done by their dog/animal.
All dogs/animals are to be kept clean and treated in a humane manner. All cases of abuse or neglect will be reported to the appropriate authorities.
Not every rental property is bound by these laws. The reasonable accommodation requirements of the Fair Housing Act does not apply to owner-occupied buildings that have four or fewer dwelling units, single family homes where the owner does not use a real estate agent to rent the property, they own less than three single family houses, housing owned by organizations or private clubs that are used for members, if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's operations.
For tenant to get approval for reasonable accommodation, they must provide documentation that they have an appropriate disability according to ADA law. This documentation demonstrates that the landlord is enforcing their pet restrictions, and that the tenant has been granted reasonable accommodation in accordance with fair housing laws.
If you are concerned that an animal is causing damage to your property, you have a right to inspect your property, with appropriate notice.
Consult your attorney if there is any doubt about the laws or cases in your own jurisdiction.
https://www.justice.gov/crt/us-department-housing-and-urban-development
https://www.biggerpockets.com/renewsblog/2015/03/11/emotional-support-animals-waiver-no-petpolicieslaw-say/
https://www.rentprep.com/property-management/landlord-guide-assistance-animals/
http://www.hoalawblog.com/2010/11/what_are_homeowners_rights_reg_1.html
Employment
ADA Title I: Employment
Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant’s disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under title I.
For information on how to accommodate a specific individual
with a disability, contact the Job Accommodation Network at:
(800) 526-7234 (voice) or (800) 781-9403 (TTY)
ADA Title II: State and Local Government Activities Title II covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social
services, courts, voting, and town meetings).
ADA Title III: Public Accommodations
Title III covers businesses and nonprofit service providers that
are public accommodations, privately operated entities offering
certain types of courses and examinations, privately operated
transportation, and commercial facilities. Public accommodations are
private entities who own, lease, lease to, or operate facilities such as
restaurants, retail stores, hotels, movie theaters, private schools,
convention centers, doctors’ offices, homeless shelters, transportation
depots, zoos, funeral homes, day care centers, and recreation
facilities including sports stadiums and fitness clubs. Transportation
services provided by private entities are also covered by title III.
Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered
buildings; reasonable modifications to policies, practices, and
procedures; effective communication with people with hearing, vision,
or speech disabilities; and other access requirements. Additionally,
public accommodations must remove barriers in existing buildings
where it is easy to do so without much difficulty or expense, given
the public accommodation’s resources.
Courses and examinations related to professional, educational,
or trade-related applications, licensing, certifications, or credentialing
must be provided in a place and manner accessible to people with
disabilities, or alternative accessible arrangements must be offered.
Commercial facilities, such as factories and warehouses, must
comply with the ADA’s architectural standards for new construction
and alterations.
Schools
Under the ADA, school districts, area education agencies, and accredited nonpublic schools must allow service dogs to accompany people with disabilities in all areas where the public is normally allowed to go. This would include classrooms, cafeterias, libraries, and other common areas.
Individuals with Disabilities Education Act
"The Individuals with Disabilities Education Act (IDEA) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs."
ADA Title III: Public Accommodations
"Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors’ offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation,and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation’s resources.
Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered."