The Federal Fair Housing Act, the Americans with Disabilities Act (ADA), and the Rehabilitation Act (Section 504) provide essential protections for individuals with physical or mental disabilities. Among these protections is the right to have service and support animals in rental housing — a topic that can be confusing for property owners due to evolving terminology and legal requirements.
What Is a Service Animal?
A service animal is specifically trained to perform tasks or work for an individual with a disability. This includes physical, sensory, psychiatric, intellectual, or other mental disabilities. Examples of tasks include:
Pulling a wheelchair
Retrieving dropped items
Alerting to sounds (like a smoke alarm)
Reminding a person to take medication
Pressing elevator buttons
Service animals are also known as assistance, assist, support, guide, or hearing animals. Under federal Fair Housing laws, these animals are not considered pets.
What Is an Emotional Support Animal?
An emotional support animal (ESA) provides therapeutic benefits to individuals with mental or psychiatric disabilities, such as anxiety or depression. Unlike service animals, ESAs do not require specialized training to perform tasks. To qualify for an ESA, the individual must:
Have a verifiable disability recognized under federal law
Provide documentation from a licensed medical professional stating the animal offers therapeutic benefit
Fair Housing laws treat ESAs as a reasonable accommodation, which means “no pets” policies do not apply.
What Is a Psychiatric Service Dog?
A psychiatric service dog is trained to assist individuals with psychiatric disabilities (e.g., PTSD, severe anxiety) by performing specific tasks related to their condition. Unlike ESAs, these dogs have specialized training to help with essential activities the person cannot perform independently.
Fair Housing Rules for Service and Support Animals
Service and support animals are legally NOT pets and cannot be subject to pet fees or deposits.
Property owners and managers must allow these animals as a reasonable accommodation.
Applicants or tenants with disabilities, even with service/support animals, must still meet normal rental qualifications (income, credit, rental history).
Owners can refuse tenancy if the animal poses a direct threat to others or property, or if the tenant does not qualify under the law.
Verification of disability and need can be requested if the disability is not obvious, but owners should not apply personal standards when evaluating requests.
Animals other than dogs may qualify depending on the law and disability type.
Why This Matters for Property Owners and Managers
Failing to comply with Fair Housing laws regarding service and support animals can lead to serious legal consequences and financial liability. Courts take violations seriously, and discrimination against tenants with legitimate needs for assistance animals is a significant risk.
How Oracle Property Solutions Supports You
At Oracle Property Solutions, we prioritize compliance with all Fair Housing laws and keep up with developments related to service and support animals. When requests arise, we carefully review documentation, communicate clearly, and help property owners meet their legal obligations while protecting their investment.
