Tenants with Disabilities: The Right to Keep a Service Animal

Did you know that that both Federal and State laws allow a tenant with a disability to possess a Service or Emotional Support Companion Animal even if there is a no-pet policy in place?

The federal civil rights law, the Americans with Disabilities Act (ADA, Title III, 28 Code of Federal Regulations, sect. 36.104) defines a service animal as any animal that is individually trained to help a person with a physical or mental disability (the disability may not be visible). By law, a service animal is not considered a pet, and is not legally required to wear special equipment or tags. Service animals can do mobility, hearing, guide, seizure alert, emotional support and other work needed by the person because of a disability.

The California Department of Fair Employment and Housing states: “Persons with disabilities have the right to use the services of a guide, signal or service dog or other such designated animal and to keep such animals in or around their dwelling.”

A landlord may ask a tenant to provide written proof from his/her medical provider which states that he/she is disabled, and that the animal is needed to aid the tenant in living with his/her disability. A landlord may not, however, inquire as to the nature of a tenant’s disability.

The Fair Housing Amendments Act of 1988, and other federal laws concerning disabilities, and the California Department of Fair Employment and Housing, define disability as follows:

A physical or mental impairment of a person that limits one or more major life activities — walking, seeing, hearing, speaking, learning, breathing, performing manual tasks, washing, dressing, preparing food, eating, keeping the home clean, doing laundry, working, etc.

A Reasonable Accommodation makes it possible for a person with a disability to have full access to a dwelling and its facilities, such as common areas, or to programs and services, and that can be provided without undue financial or administrative burden.

Landlords claiming that making an exception to a “no pets” rule poses an undue burden have had no luck with this argument in court. However, if the animal cannot be kept from annoying neighbors, or if tenant fails to clean up after his/her animal, even after a reasonable accommodation, the landlord can require that tenant remove his/her animal or be at risk of termination of tenancy.

In order to promote goodwill, tenant is encouraged to be a responsible animal guardian by:

Spaying/neutering their animal.
Maintaining current vaccinations for their animal.
Licensing their animal according to local law.
Attaching an ID tag to their animal’s collar, with information including: guardian’s name, address and phone number.
Keeping their animal inside with the rest of the family.
Always cleaning up after their animal and disposing of the waste in a sanitary manner.
Inhibiting prolonged dog barking. (Barking dogs may need more exercise or attention.)
Providing their animal with fresh water, food, attention and exercise every day.
Keeping a file with records of their animal’s vaccinations, spaying or neutering, veterinary care, obedience training, references from previous landlords, and information on who will care for their animal in an emergency.