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Although the Americans with Disabilities Act (ADA) has updated definitions of service animals, this does not affect housing. The ADA deals with accommodation in public places and has a very specific definition of a service animal. According to the ADA a service animal is one that has been “individually trained to do work or perform tasks for the benefit of an individual with a disability.”
The Fair Housing Act (FHA) on the other hand deals specifically with housing and has a much looser definition of service animals. In housing, under the FHA, a service animal can be called many things including service animals, companion animals, therapy animals, or emotional support animals. If the animal exists to serve the individual’s disability, it is not legally a pet and may not be treated as such. That means no pet fees, pet deposits, or pet rent.
We are here to help you and your clients with all aspects of the rental market. Please contact us for further assistance!
Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should not rely solely on this information. We encourage our clients to work with a lawyer experienced in commercial and/or residential real estate matters as they can be complicated and confusing.
