Over 50% of tenants looking for a rental have pets. As a landlord and property owner, it’s important to understand the distinctions between pets, service animals, and emotional support animals.
Pets and Service Animals are NOT the Same
“Pet” is an umbrella term referring to any animal that belongs to a human, and therefore it is the largest category.
Service animals and emotional support animals are specific categories of pets. They are protected by two primary laws, the Americans with Disabilities Act and Fair Housing Laws, which prohibit housing discrimination based on a person’s need for a service or emotional support animal. This means you are not allowed to deny housing to a tenant because they own a service or support animal.
BREED RESTRICTIONS
Some insurance companies will require that you adhere to certain breed restrictions if you’re renting out your property. It’s important to note also, that even if an insurance company does not have a breed restriction, certain buildings, neighborhoods, HOAs, and communities will still have breed restrictions, so it’s important to remain compliant to those policies. The only time a breed restriction is not applicable is when there is a legitimate service animal involved. For details specific to your rental dwelling policy, we recommend reaching out to your insurance agent.
SERVICE ANIMALS
Under the Americans with Disabilities Act (ADA), a service animal is a working animal (often a dog) trained to assist disabled people. Service animals can perform a variety of tasks including assisting a person with visual or hearing impairments, reminding someone to take their medication, helping a person during a seizure, or calming someone experiencing PTSD. Another thing to be aware of is that tenants who need a service animal at any point during their lease are protected to do so and will not need to receive permission from their landlord.
EMOTIONAL SUPPORT ANIMALS
Emotional support animals are not trained for particular tasks like service animals. Instead, they are meant to provide emotional stability, comfort, and companionship for people with certain mental, psychiatric, and emotional conditions.
There are currently no rigorous legal definitions of emotional support animals. The most common type of emotional support animals are dogs, but people can have a wide variety of support animals including support cats, reptiles, or birds. All of these animals are covered under the Fair Housing Act which prevents landlords from discriminating against someone on the basis of their needs.
You cannot charge more for a service animal whether it’s a pet deposit or increasing the price, service animals are exempt via HUD regulations. HUD is responsible for setting these guidelines, so make sure you are updated on their current policy. In fact, you can find yourself in major legal trouble if you do charge fees for Service Animals or deny a tenant based on having a Service Animal.
Can I Charge Damages From Emotional Support Animals and Service Animals?
Service and support animals are not regular pets, but this doesn't mean you’re not allowed to charge for damages caused by them. The animal has the right to reside in the property; however, if they cause damages above and beyond the normal wear and tear of a well-behaved animal, then you are allowed to charge for those damages.
The Fair Housing Act and Americans with Disabilities Act
The Fair Housing Act and the Americans With Disabilities Act protect certain classes of people from discrimination. While the FHA refers specifically to housing requirements, the ADA includes many provisions regarding housing as well. As a landlord speaking with potential tenants, it’s important to understand what you can and cannot ask about service animals.
When screening a tenant, you are not allowed to ask if the animal is a service animal. This could be interpreted to mean you do not rent to the disabled, which violates FHA and ADA laws. You are allowed to ask for the certification status of the animal.
At Palomar Property Services, we can help you navigate this sensitive situation with our partner service provider called Petscreening.com. Their screening platform eliminates the worry of violating FHA and ADA laws while interviewing tenants by standardizing the animal screening process.
John Boruff, licensed real estate agent and managing broker, is the founder and president of Palomar Property Services. John’s experience in property management and real estate goes back to 1984, when he began leasing and managing multiple properties, including warehouses, small manufacturing plants and office buildings. He ventured into the business of residential property management by purchasing multiple single-family homes in the Oak Hill development of Escondido in 1990. John’s investment experience spans as close to home as Escondido, CA, the greater San Diego County region, and as far as St. Louis, MO. A talented negotiator, he can navigate even the most challenging real estate transactions with an intuitive ability to close the deal.
John has consistently served real estate investors with the highest level of property management services for over 12 years, and at Palomar Property Services, John and his team of licensed agents have become a one-stop, full-service real estate company. With customer service, efficiency, and state-of-the-art technology a priority to John, and combined with his extensive real estate knowledge, Palomar Property Services is second to none in San Diego County.
John consistently shows an unparalleled work ethic, earning him respect among both regional and local realtors. Throughout his professional life, honesty and integrity have been the building blocks of John’s success in his careers, resulting in one of California’s most premier property management companies.
