72% of renters have pets. 78% of landlords allow them, but most have weight or breed restrictions.
This is a personal decision. Pets are furry family members, but they only provide companionship.
The situation becomes more complicated when potential renters have service or emotional support animals. Turning them away can become a discrimination issue.
Knowing what the requirements are is the best way to protect yourself. Read on to learn the differences between service animals and emotional support animals.
What's a Service Animal?
A service animal is trained to perform tasks for those with physical or mental disabilities. These may include:
- Guiding the blind
- Aletring the deaf to sounds
- Detecting seizures or psychiatric episodes
- Performing tasks for those in wheelchairs
- Helping those with autism
The legal definition of a service animal differs. In general, they must perform a task that the owner can't perform for themselves.
Dogs are the most common type of service animal. The most common breeds are Labrador or golden retrievers and German shepherds.
To get one, a person must be diagnosed with a disability and go to a service dog agency. Training can take two to four months.
Service animals are legally required to have full public access to areas where pets may be forbidden. These include restaurants, stores, airplanes, and libraries.
What's an Emotional Support Animal?
Emotional support animals don't meet the legal definition of a service animal. They do provide companionship and relief for those suffering from mental health conditions such as:
- Depression
- Anxiety
- Phobias
- PTSD
- Schizophrenia
They don't have to be a dog and don't receive specialized training. The handler does need a letter of diagnosis from a mental health provider to show that they have a diagnosed mental health disorder.
These animals don't have the same legal rights as service dogs. They don't have the same unlimited access to public spaces such as airports. There are mandates in place for reasonable accommodations for them.
What's Your Responsibility As a Landlord?
The FDA or Federal Americans with Disabilities Act protects the right of those with disabilities to bring their service animals in public.
They need to be easily identifiable. A guide dog must have a harness and a hearing dog must have an orange leash. Others must have a backpack, harness, or vest.
Housing laws prohibit discrimination. Any "no pet" provisions on your property don't apply to service animals. You can't charge extra fees for them unless the animal causes damage to the property.
This provision can also apply to emotional support animals. They're protected if the renter has a diagnosed disability and a disability-related need for their animal.
The easiest way for them to prove this is to get a valid ESA letter. This makes them exempt from pet rent deposits and fees. It also lets their owners rent apartments where pets aren't otherwise allowed.
A property manager can help you navigate these complex legal issues. They'll set up policies and attract tenants to keep your property full.
How Can Property Management Services Help?
Turning away pets is up to the landlord, but you may not always be able to tell a potential tenant "no" because of their animals.
A service animal serves essential functions such as opening doors or pulling wheelchairs. Emotional support animals relieve the symptoms of mental illnesses.
Check if they're valid and proven to perform an essential function. That's when turning their owners away is considered discrimination.
Contact PMI Loudon Property Management for help today.
