A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. The task(s) performed by the dog must be directly related to the person's disability.
Landlord Obligations Under the Fair Housing Act
Under the Fair Housing Act, landlords must provide a reasonable accommodation for a tenant or applicant who needs a service animal, even when the property has a no-pets policy. Service animals are not considered "pets" for purposes of housing.
- Landlords cannot charge pet fees, pet deposits, or pet rent for a service animal.
- Breed, size, and weight restrictions generally do not apply to service animals.
- A landlord may ask for verification of the disability and the disability-related need for the animal only if the disability is not apparent and the need is not obvious.
- A landlord may not demand documentation such as a certification or ID card — there is no legally recognized "service animal registry."
When a Service Animal May Be Excluded
A service animal may be excluded only if it poses a direct threat to the health or safety of others, or would cause substantial physical damage to the property that cannot be reduced by another reasonable accommodation. The determination must be based on the specific animal, not a blanket assumption about the breed.
Service Animals vs. Emotional Support Animals
Service animals are trained to perform specific tasks. Emotional support animals (ESAs) provide therapeutic benefit by their presence and do not require task training. Both are entitled to reasonable accommodation under the Fair Housing Act, but the verification and documentation standards differ.