Both Federal and California laws allow those suffering from a mental or physical disability to keep support animals. Support animals are different from service animals in that they are not trained to work or perform specific tasks. Instead, they ease the effects of an individual’s disability by providing comfort, support and routine. For example, a dog that is specially trained to detect and prevent an oncoming panic attack in their owner is most likely a service animal, while a dog that is not specially trained and provides only emotional comfort is a support animal. While these animals are not afforded the same protection as specially trained service animals, they are also not pets and cannot be treated as such. Support animals are most often dogs or cats but could be any animal that helps their owner cope with their disability. This article will explain the rules and regulations that Landlords need to be mindful of when presented with a Tenant who requires a support animal.
For the purposes of both
California and Federal fair housing codes, and the Americans with Disability
Act, a person with a disability is defined as anyone who: 1) has a mental or
physical impairment that hinders one or more major life activities, 2)
individuals who are regarded as having such an impairment, and 3) individuals
who have records of such impairments. 42 U.S. Code § 12102. The term “physical
or mental impairment” has been widely construed to include a host of conditions
ranging from autism and depression to PTSD and, in some cases, addiction. The
term disability is broadly defined under the law and applies to most
individuals who have any condition that rises to the level of limiting one or
more of their major life activities. Many disabilities are not readily apparent;
however, landlords are entitled to request a statement from a healthcare
professional that verifies that the tenant suffers from a disability.
Landlords are prohibited
from discriminating against those with disabilities under the Federal Fair
Housing Act (42 U.S.C. Sections 3601-3631) and the California Fair Employment
and Housing Act (Code Sections 12955-12956.2). These laws are far reaching,
covering everyone from realtors, property managers, landlords, homeless
shelters, and independent living homes. These provisions require that landlords
and others covered by the acts make “reasonable accommodation” for those
needing support animals. These reasonable accommodations include changes or
exceptions to rules or policies to allow a person with a disability to enjoy
the same access to housing as to those without disabilities. Most commonly,
these exceptions entail waiving “no-pet” policies or waiving pet deposits or
“pet rent” for those who require support animals. A landlord may not deny a
tenant a support animal because of the type of animal, or the breed, size or
weight of the animal. Landlords are also obligated to consider applications
from prospective tenants who need support animals equally as those from
applicants who do not have support animals. The take-away should be that a
request by an existing or prospective tenant for accommodation of any support
animal should be treated as a request for reasonable accommodation under the
law.
While a landlord cannot
deny a tenant a documented support animal, the landlord is within their rights
to gather more information to verify the disability and documentation connected
with the support animal when the tenant’s disability is not obvious (i.e. a
blind or wheelchair-bound tenant should not be asked to submit such
verification). The verification of disability is most commonly a letter or
statement from a healthcare professional or case manager. Once such a statement
has been provided, a landlord may not inquire further into the specifics of the
disability and is not entitled to view medical records or get specific
information concerning the scope or nature of the disability. When a
prospective tenant voices their need for a support, a landlord should never
immediately reject them due to a “no-pets” policy. Instead a landlord should
provide them with the application and inform them of any information on the
documentation needed for the support animal.
There are some
circumstances in which landlords are not required to accommodate emotional
support animals under the Fair Housing Act, however these are narrow exceptions.
For example, if a landlord is renting a building that has 4 or fewer units, and
the landlord occupies one of those units, the landlord can refuse to
accommodate the support animal. In addition, if the accommodation is a single-family
home that is being rented without a real estate broker, the landlord can refuse
to accommodate a support animal. Finally, some state courts have held that when
a support animal did unreasonable damage, even if the damage was not
significant, that landlord could refuse to accommodate the animal. Woodside
Village v. Hertzmark, FH-FL Rptr. ¶ 18,129 (Conn. Sup. Ct. 1993). However,
this only held after the animal had damaged the property. In most
circumstances, reasonable accommodation is required by law, and when presented
with a tenant or prospective tenant in need of a support animals, landlords
should make reasonable accommodations pursuant to the law.
The laws on support
animals are ever-changing and each circumstance is different. We recommend consulting with a professional
before making any decisions with regards to a support animal.