Asking whether a service dog is required due to a disability: a clear guide for landlords under the Fair Housing Act

Title: The Right Question When a Tenant Has a Service Dog: Clarity, Respect, and the Law

If you’re a landlord or property manager, you’ll probably encounter applicants with service dogs at some point. The moment is easy to misstep: a well-meaning question can cross into privacy invasion, or a careless one can spark a dispute. So, what’s the right question to ask? The correct choice is straightforward: Is the service dog required due to a disability?

Let me break down why that question matters, how to handle the conversation gracefully, and what to avoid. Think of this as a practical guide you can turn to in the heat of a rental screening, not a legal lecture. You’ll still be protecting your property and, more importantly, respecting a tenant’s rights.

Why that question is appropriate in the first place

Here’s the thing: housing law centers on reasonable accommodations for people with disabilities. The Fair Housing Act (FHA) requires landlords to make reasonable adjustments so tenants with disabilities can use and enjoy housing. A service animal is one of the most common accommodations.

Asking, “Is the service dog required due to a disability?” is direct and focused. It’s not a peek into someone’s medical file or a test of their privacy. It’s about understanding a need that affects daily living and access to housing. If the tenant says yes, you’ve got a basis to talk about reasonable accommodations—things like accessibility in the unit, door thresholds, or other adjustments that help the tenant live comfortably.

On the other hand, questions that veer into medical details or personal health cross lines. They’re not just awkward; they can be illegal. You don’t need to know the specifics of a doctor’s diagnosis, and you don’t need proof of disability to honor a legitimate accommodation. Privacy matters, and so does a fair, consistent screening process.

What not to ask (and why)

To keep things on the right side of the law, steer clear of questions that pry into private health information or aren’t relevant to the tenancy. Here are common missteps to avoid:

• Can you provide proof of your disability? Not appropriate. It asks for medical records or a diagnosis, which is private information. The FHA doesn’t require that. A simple determination of necessity is enough.

• How much did the dog cost? That’s about personal finances or the pet itself, not the tenant’s need for a reasonable accommodation. It’s not relevant to whether the service dog helps with a disability.

• Do you have any other pets? This can be misleading and distracts from the accommodation need. It may also invite bias or unnecessary comparisons to pets that aren’t service animals.

• Is this dog certified? Some jurisdictions have certifications for service animals, but federally, the key question is the need due to a disability, not credentials. Rely on the two-question approach that HUD allows, and avoid requiring medical records or elaborate proof.

If you hear or sense a tenant offering medical documents or asking for a health check, pause. Re-center on the one allowed question and on the tenant’s stated needs. The goal isn’t to police disability; the goal is to enable housing with a reasonable accommodation.

A practical way to handle the conversation

Here’s a simple, respectful script you can use. It keeps the focus right where it should be and leaves room for a natural, nonconfrontational dialogue:

• Landlord: “I understand you have a service dog. Is the service dog required due to a disability?”

• Tenant: “Yes, it helps me with [specific task].”

• Landlord: “Thank you for sharing. Are there any steps you need us to take in the unit to accommodate the dog’s presence? For example, is there any furniture arrangement or access concern we should know about?”

• Tenant: “[Provides necessary information.]”

• Landlord: “Great. We’ll document the accommodation in writing and proceed with our standard tenancy process, with the agreed adjustments in place.”

Note the tone: brief, respectful, and focused on the practical needs. If the tenant offers information about tasks the dog performs, you can ask the two allowed questions about those tasks only if needed to determine reasonable accommodation. And then you move on to the paperwork, the lease addendum, and any housekeeping details (leash policy, cleaning expectations, pet waste, etc.). Keep the conversation professional, but not clinical.

What you can ask and what you can’t under the law

To stay aligned with fair housing requirements, here’s a compact reference:

• You may ask:

• Is the service dog required due to a disability?

• What tasks has the service animal been trained to perform? (This helps you understand how the animal assists with a disability.)

• You may not ask:

• For a diagnosis or medical records.

• For documentation of the disability.

• For other medical or personal information not relevant to the accommodation.

• For proof the animal is “certified” or “registered” if you don’t need to verify a separate, legitimate requirement.

Two questions, a world of difference

The FHA is clear about reasonable accommodations. The two-question approach helps you identify the need without overreaching into private health matters. It also sends a signal to applicants that you’re committed to fair housing principles. When you ask the right question, you can make a reasonable accommodation without turning the screening into a medical interrogation.

Distinguishing service animals from emotional support animals (ESAs)

This distinction often comes up in conversations with applicants. A service animal is trained to perform tasks directly related to a disability. An emotional support animal, while comforting to the owner, doesn’t have to have specialized training to handle a specific task. Under housing law, the landlord’s approach differs:

• For service animals: The two questions, plus a straightforward accommodation assessment, are typically sufficient.

• For emotional support animals: Some jurisdictions require documentation from a medical professional to justify the accommodation, but even then, the landlord cannot require medical details. The key is to assess the disability-related need and implement reasonable adjustments in the building, such as waiving pet deposits or allowing certain exceptions to pet policies.

The goal is consistent treatment: treat the applicant with dignity, apply the same questions to all applicants, and avoid discriminatory practices. Consistency protects both tenants and landlords.

Grounded in real-world practice

If you want to go deeper, you can reference official guidance from HUD and the Department of Justice. These resources spell out how to handle service animals and emotional support animals in rental housing, what to ask, and what not to ask. The core message is simple: focus on accommodation needs, maintain privacy, and document agreements in writing.

A few practical tips to keep things smooth

• Put it in writing. After the conversation, summarize the agreed accommodation in a formal addendum to the lease. It protects both sides and clarifies responsibilities—like where the dog is allowed in shared spaces, leash rules, cleaning requirements, and any breed restrictions that your building’s policy already covers.

• Maintain confidentiality. Don’t disclose medical details to anyone who doesn’t need to know. Treat disability information as sensitive information.

• Be consistent. If you have a standard process for handling service animals, apply it to every applicant. Consistency reduces the chance of bias or accusations of discrimination.

• Educate your team. Front-desk staff, property managers, and maintenance personnel should understand the two-question approach and know how to handle accommodations respectfully.

A quick recap you can carry into the next screening

• The right question is: Is the service dog required due to a disability? This question aligns with the FHA’s goal of reasonable accommodations and respects privacy.

• Avoid asking for disability proof, medical details, dog costs, or other pets, as these questions are not relevant to the accommodation and can invade privacy.

• If the tenant confirms a disability-related need, discuss reasonable accommodations and document them in writing.

• Know the difference between service animals and emotional support animals, and apply the appropriate approach consistent with federal and local guidelines.

• Keep interactions polite, professional, and focused on practical needs. Your goal isn’t just compliance; it’s about creating housing that’s accessible and welcoming.

From hesitation to clarity without drama

Let’s face it: conversations about disabilities can feel delicate. Nobody wants to stumble into judgment, and nobody wants to be surprised by a legal misstep. The best path is straightforward: ask the right question, listen carefully, and respond with clear next steps. When you focus on the tenant’s needs and how to accommodate them, you not only stay within the law—you also create a smoother rental experience for everyone involved.

If you’re navigating this landscape for the first time or you simply want a refresher on how service animals fit into fair housing considerations, you’re not alone. The core principles are reliable and practical: respect privacy, assess need, and document accommodations. Let that guide your conversations, and you’ll reduce friction while keeping your property welcoming to all prospective tenants, including those who rely on service animals to get around and do the things that matter most.

Final takeaway: the right question sets the framework for respectful, compliant, and effective housing. By asking, “Is the service dog required due to a disability?” you’re signaling that you value accessibility and fairness—and that you’re ready to make reasonable adjustments that help someone live comfortably in your property. It’s a small question with a big impact.