RENTING with Assistance Animals…. By Mary Gehl
In the rental business, landlords are allowed, by law, to create rules and policies that govern their rental units. One of the most common rules is a “No Pets Policy”, meaning that tenants are not allowed to have pets while renting the unit. This type of policy usually comes about due to experiences the owners have had with irresponsible pet owners.
Why is it then that some “No Pets” rental units have animals living in the unit? The answer is simple; the owner is abiding by the law. Under the Federal Fair Housing Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and other laws against discrimination, these owners are providing tenants with disabilities a “reasonable accommodation” as needed, in order for them to have an opportunity for full use and enjoyment of their housing unit. In other words, these tenants have a “service or companion” animal, not a pet.
What’s the difference between a service or companion animal and a pet? Service animals are not considered to be pets; rather they are assistance animals to folks with disabilities. A person with a disability uses a service animal as an auxiliary aide, similar to the use of a cane, crutches or wheelchair. For this reason, Fair Housing Laws require that housing providers make accommodations to their “No Pet” policies to permit the use of the service or companion animal by an individual with a disability.
Who needs a service animal? Some disabled people require the assistance of an animal because of their disabling conditions. Under most laws, a person is considered to be disabled if he/she has a sensory, mental or physical condition that substantially limits one or more major life activity (such as walking, seeing, hearing, working, etc.).
What do service animals do? Service animals perform many types of services for those with disabilities. A guide animal serves as a travel tool for a person who is legally blind. A hearing animal alerts a person with hearing loss or who is deaf when a sound occurs, such as a ringing alarm or a knock on the door. A service animal helps a person who has a mobility or health disability; duties may include carrying, fetching, opening doors, ringing doorbells, steadying a person while walking, helping a person up after a fall, etc. A seizure response animal assists a person with a seizure disorder. A companion or emotional support animal assists people with psychological disabilities. Emotional support animals can help alleviate symptoms such as depression, anxiety, stress and difficulties regarding social interactions. Service animals do not need to wear any special identifying gear, and service animal owners are not required to carry any paperwork documenting the animal as a “service or companion animal”.
If landlords allow tenants to have household pets, they can place limitations on the size, weight, breeds and type of pets allowed. These “rules” do not apply to service animals. Service animals may be any type of animal and an accommodation may involve more than one service animal. If the housing unit has a “no pets” rule, such rules do not apply to service animals. Again, a service animal is NOT a pet. Regardless of whether the property allows pets, the disabled tenant who uses a service animal is not required to make a pet deposit or pay a pet-related cleaning fee. However, the landlord may charge a Security Deposit for the rental the same amount that is charged for all tenants.
If the “service animal” accommodation fits your situation while you’re already in a rental unit or seeking a new rental, then there are a few steps you must follow. First, you must ask the landlord for a “reasonable accommodation” for your service animal, which usually is done in writing. Second, you must be willing to provide verification of your need for the reasonable accommodation by supplying the owner with written documentation verifying you are disabled and need the service animal. Third and most important, as a tenant, you have the responsibility to care for and supervise your service animal. This includes the animal’s behavior, health and proper disposal of animal waste. And remember, if a service animal is unruly, destructive, disruptive to others or you do not take your animal responsibilities seriously, the landlord does have the right to mitigate the situation.
Fair Housing laws are complicated and we can’t give you legal advice. But, if you are facing a rental issue concerning your animal and feel you may qualify for a “reasonable accommodation”, contact:
Montana Fair Housing
519 East Front Street
Butte, MT 59701
Phone: 406-782-2573
Fax: 406-782-2781
Toll Free: 1-800-929-2611
Montana Relay Services: 711
web: www.montanafairhousing.org
email: inquiry@montanafairhousing.org