There are at least 500,000 service animals in the United States. As a landlord, it's not unlikely that you'll come across one at some point. Do you know what to do?
Many landlords don't know the differences between service animals, support animals, and pets. Treating them all the same could get you in serious trouble. We're here to help.
Read on to learn about these categories of animals so you know what to do if one of your tenants comes with an animal companion.
Service Animals
First, let's discuss service animals. Service animals are not pets, and they have specific training that allows them to perform tasks or work for people with disabilities. In most cases, service animals are dogs. In rare cases, however, miniature horses may also qualify as service animals.
They're trained to assist people with physical disabilities, sensory impairments, psychiatric conditions, and other disabilities. In other words, just because you can't see a disability doesn't mean that the service animal is invalid.
The tasks that service animals perform directly relate to their owner's disability. For example, a guide dog will help lead someone with a visual impairment.
Service animals are protected under the Americans with Disabilities Act (ADA). Service animals are not considered pets under the ADA and have specific legal protections. These protections include the ability to live in non-pet-friendly homes with their owners.
Landlords can't ask to see papers or ask about specific disabilities. They can ask what the animal is trained to do.
Emotional Support Animals
Emotional support animals (ESAs) provide comfort and emotional support to people who struggle with mental health conditions. Unlike service animals, they don't need specific training. They can also be almost any type of domesticated animal.
Mental health professionals "prescribe" ESAs as part of a treatment plan for people with emotional or psychological struggles. Landlords can ask for an emotional support animal letter from a mental health professional, but they otherwise can not pry about the tenant's disability.
Unlike service animals, ESAs have fewer protections under the ADA. However, the Fair Housing Act requires landlords to provide reasonable accommodation for individuals with disabilities, and those accommodations include allowing an ESA under most conditions, even on a pet-free property.
There is no national emotional support animal registration.
Pets
Pets are companion animals. They have no professional training and they don't perform tasks to support their owners' disabilities. They're furry friends.
Unlike service animals and ESAs, pets do not have special legal protections that grant them access to public places or housing. Landlords don't have to allow pets if they have a pet-free property.
So Many Types of Animal Companions
Between service animals, support animals, and simple pets, there are a lot of different types of companion animals. Landlords must accommodate service animals and support animals to the best of their ability. You don't want to break any service or support animal rights.
Do you need help keeping track of all of these details? At PMI Property Pros, we help Milwaukee landlords with all of their property management needs. We'd love to help you.
Schedule a consult today.
