Is it permissible for a landlord to include assistance animals in a no-pets policy?

The question addresses the allowance of assistance animals within a no-pets policy under fair housing laws. Fair housing legislation, including the Fair Housing Act, mandates that housing providers must make reasonable accommodations for individuals with disabilities. This includes allowing assistance animals, which differ from regular pets in that they serve specific roles to aid individuals with physical or mental health conditions.

A no-pets policy typically prohibits tenants from having any animals on the premises; however, assistance animals are exempt from this restriction. This exemption is rooted in the recognition that assistance animals provide essential support for people with disabilities, making it unlawful to deny them under the guise of a pet policy.

Therefore, including a provision that denies the right to have assistance animals constitutes a violation of fair housing laws. A landlord must accommodate these animals regardless of existing no-pets rules to comply with legal obligations intended to ensure equal housing opportunities for individuals with disabilities.