Companion Pets vs Service Animals vs No Pets Allowed

When your applicant mentions they have a dog or cat, what is the first word in a landlord’s vocabulary?  “No,” with a slew of good reasons from damage to insurance carriers who discriminate on the breed of the dog to the cost of cleanup.  

All of these are very good reasons for being hesitant to have animals at a rental property, but at the same time, you might be leaving money on the table and/or running afoul of various Fair Housing and Americans with Disability Act issues regarding service animals or emotional support animals (ESAs). Under the FHA and ADA, ESA's and service animals are not considered pets.

A service animal is a dog trained to preform a specific task. Hearing ear dogs, seeing eye dogs, and even dogs that can sense an impeding epileptic seizure are prime examples. They are clearly covered by the ADA; you cannot ask the nature of the disability or even proof, but you can ask what task the animal has been trained to do. You cannot charge pet fees, extra deposits, extra rent, pet rent, pet security, or anything else.  

Massachusetts and federal law require public accommodations to permit people who are blind, deaf, or mobility impaired to use service dogs to help them. The ADA has similar provisions but covers a wider range of disabilities, including mental and psychiatric disabilities.

Most requests though will come from people who have an ESA.  An ESA, unlike a service animal, provides emotional support for individuals who have been diagnosed with a psychological disability or condition. Although ESAs can be used as part of a treatment plan, they are not considered service animals under Title II and Title III of the ADA. Instead, emotional support animals are protected under the Fair Housing Act and the Air Carrier Access Act so that they may live and travel with their owners.

ESAs are distinguished by their close, emotional, and supportive bond with their owner to treat problems of anxiety, depression, or other psychological disabilities.

ESAs are generally accompanied by a letter from the applicant’s doctor, therapist, or other mental health professional. There are far too many companies out there to make a quick buck selling bogus ESA registrations or even Service Animal registrations and vests and patches and other nonsense, but most of what they do are unethical and borderline criminal, depending what sort of fake registration they are providing.

Once they have provided such documentation, the ESAs are presumably a reasonable accommodation, and even that your insurance company would not insure a pitbull is a matter between the landlord and the insurance carrier and not a reason to deny.

However, like anything to do with ADA or Fair Housing, the requests must be reasonable.  A pair of dogs or cats is one thing, a full on zoo is another. So long as you treat every request as individual and evaluate it based on your criteria, require the same documentation from each applicant, and document everything like you would from any other applicant, you should be fine.

It should be noted that exceptions may be made if an owner believes that allowing an emotional support animal constitutes an administrative burden within a particular building. If so, and as always, please consult your attorney for specific legal advice.

Moreover, some property owners have convinced various tenants to consider therapeutic stuffed animals, which produce sound and movement in response to touch, as a logical alternative to live animals, especially within smaller apartment spaces — in fairness to both the animal and the apartment, in addition to other tenants. Consulting with an attorney is advised.

Does accepting animals make sense from a financial standpoint?  Many renters sought out pets and adopted in droves in 2020 during the pandemic lockdowns and are loathe to give up their pets. Frankly, its hard to find housing who will take animals but initiatives like Michaelson’s Found Animals Foundation is working with the National Apartment Association to change those views. Many property management companies are setting themselves apart by offering pet salons, automated dog washing stations, pet friendly walking trails with waste disposal units, rooftop dog parks, and more to attract that population.

So that is taking a part of the population with dogs who can also afford those rents out of the applicant pool. While small property owners cannot offer all or even any of those amenities, just a pet friendly housing policy may drive more and better traffic to your vacancies. 

Here is a report from that group with some of their findings.

https://www.foundanimals.org/pets-and-housing/2021-petpinclusive-housing-report/

Finally, one other best practice about damages or liability. Require renter’s insurance, which includes liability coverage for all pet renters. That will take some of the issues out of play. Better yet, require renter’s insurance for all renters, as most renters don’t even know that your property insurance only covers you and not the renter’s belongings.

Author’s Note

None of the above should be construed as legal advice. Please consult your housing attorney before changing or implementing any policy. 

Paul Jenney is also a board member of Kane’s Krusade, a 501c3 dedicated to supporting surrender prevention. Our Pet Family Advocacy™ is an innovative movement keeping pet families together. You can view our programs at www.kaneskrusade.org

by Paul A. Jenney, Compliance Director, TenantTracks