The top reason for complaints to the U.S. Housing and Urban Development (HUD) agency in 2016 was disability protections, and many of those were specific to service animals, which must be accommodated under the Americans with Disabilities Act (ADA). But federal fair housing laws bring so-called “emotional support” animals into the picture. And while you can’t ask about a disability, you need to know if a tenant must be allowed to keep a pet under these rules.
Leasing managers, property supervisors, independent landlords, small operators and property owners may be confused by the difference between service and support animals. Let’s sort out the difference.
Service vs. Emotional Support Animals
The ADA defines a service animal as a dog “that has been individually trained to do work or perform tasks for an individual with a disability.” Only dogs count as service animals under the ADA. While ADA is pretty clear, what is less apparent is how service animals fit in with federal fair housing statutes.
Although emotional support animals, which can include any type of animal, don’t make the cut under the ADA, even though they may perform vital services, other federal law does allow emotional support animals in housing under “reasonable accommodations,” according to the Judge David L. Bazelon Center for Mental Health Law. “Emotional support animals provide therapeutic nurturing and support and have proven extremely effective at ameliorating the symptoms of psychiatric disabilities, including depression, anxiety, and post-traumatic stress disorder.”
So you may need to allow a pet – but for different reasons.
Turkeys to the Rescue – No, Really
Is the situation ripe for abuse? You bet, answer industry watchers. “For $99, you can get the necessary (doctor’s order) letter within 24 hours,” one lawyer wrote in the Washington Post. “Imagine being diagnosed in less than one day that you have such a burning need for that pig or duck to keep you happy. … In fact, I recently heard that one of these ‘trained professionals’ issued a letter authorizing the condo owner to have two pets: one to comfort the owner and the second to comfort the poor depressed animal that was supposed to comfort the owner.”
One passenger on a Delta flight famously brought her emotional support turkey aboard. Donkeys, oxen, iguanas and ferrets also count. Taken as a whole, the situation is presenting quandaries not just for airlines stewards and condo associations but also for public housing complexes, roadside motels and college dorms.
Examine the Facts, Then Contemplate Restrictions
What’s a co-up or other property owner to do? Experts suggest carefully examining the facts – analyze the doctor’s letter stating a service animal is needed, do what you can to make sure the claim is legitimate – then consider reasonable ground rules: In other words, make sure the animal is both helping the owner and not causing a nuisance to neighbors.
“The association may have to spend a lot of money defending itself, and, in fact, can be fined by the enforcement agency,” stated Benny L. Kass, the lawyer in the Washington Post article. “My advice to all boards: Pause before denying the request for a comfort animal.”
Asking too many questions, actually, could get you in trouble in some circumstances.
“Service dogs and their owners retain certain rights under ADA while in public,” one college newspaper noted. “Businesses can only ask two questions: Is the dog a service animal required because of a disability, and what work or task has the dog been trained to perform?
Members of the public cannot ask to see any documentation, ask the dog to perform the service, or ask about the person’s disability.”
Get the Low-Down From a Pro
Housing industry pro Jo Becker tackles this touchy issue in her webinar for AudioSolutionz, “Assistance vs. Service Animals: Reasonable Accommodations & Compliance.” Becker overviews disability protections and explain the fundamental principles of disability-related accommodations under the Fair Housing Act – what you can ask, your obligations and rights, what “reasonable” means, and what you should know about the verification process. Jo also provides details on the animals, including how many are allowed per unit, the difference between “service animals” and “pets,” and what to do about fees, deposits, rent, damage charges and more.
