Why landlords must accommodate service animals under the Fair Housing Act and the ADA.

Let’s clear up a common sticking point for landlords and tenants alike: service animals. When a tenant requests a service animal, the rules aren’t about loopholes or loophole-like tricks. They’re about real protections that help people live with dignity. If you’re a landlord, you’ll want the straight story so you can respond quickly, fairly, and legally—without muddying the waters or delaying a family’s housing.

What this is really about, in plain terms

In most housing situations, a service animal isn’t treated like an ordinary pet. It’s a necessary aid for a person with a disability. That makes it a matter of accessibility, not mere preference. The key takeaway is simple: service animals must be allowed even if a building has strict pet policies.

Why this matters (and what the law says)

Two big players set the rules here: the Fair Housing Act and, in some contexts, the broader protections under the Americans with Disabilities Act. The FHA is the one you’ll hear most about in housing settings. It requires landlords and property managers to provide reasonable accommodations for people with disabilities. A service animal falls squarely under that obligation. In short: you can’t block a service animal or add extra charges because a tenant has one.

A quick note on terms so you’re not left guessing

• Service animal: a dog or, in some cases, another animal that’s trained to perform tasks that help a person with a disability.

• Emotional support animal: not a service animal, but the FHA often covers reasonable accommodations for emotional support in housing when a disability is involved.

• Reasonable accommodation: a modification or adjustment that helps a person with a disability use and enjoy a dwelling.

What landlords can and cannot do

Here’s the practical part you’ll want to keep handy.

What landlords must do

• Allow the service animal regardless of existing pet policies.

• Treat the animal as a necessary aid, not as a regular pet.

• Engage in a quick, respectful interactive process if documentation isn’t obvious, to confirm the need for the accommodation.

• Keep the animal under control (on a leash or in a harness, unless the person’s disability prevents it) and ensure the animal is house-trained and clean.

• Consider safety and property in a balanced way; if the animal creates a direct threat that can’t be reduced with reasonable adjustments, that’s a different concern.

What landlords cannot do

• Charge extra fees or deposits for a service animal.

• Impose restrictions on the type, breed, or size of the service animal.

• Deny housing to someone just because they have a service animal.

• Require specialized training or documentation beyond what’s reasonably necessary to verify the need for an accommodation.

What landlords can, and sometimes should, ask

• If the disability and the need for the service animal aren’t obvious, you may request reliable documentation. This shouldn’t be a medical record; it’s about confirming the accommodation is needed and that the animal helps with a disability.

• You may ask about the animal being under control and expected behavior in the unit. You cannot ask for medical records or insist on a specific credential or certification.

The difference between service and emotional support animals

This distinction matters because it affects how you handle requests:

• Service animals have a defined role: they’re trained to perform tasks that mitigate a disability.

• Emotional support animals provide comfort and emotional relief; in housing, they can be considered a reasonable accommodation if the need is tied to a disability.

• In practice, many tenants rely on service or support animals to live independently. Your job is to assess each request with fairness and consistency, not with suspicion or delay.

A few practical scenarios you might encounter

• Scenario 1: A tenant with a disability requests a dog as a service animal after moving in. There’s no pet policy in the lease that blocks dogs only, but most importantly you can’t require a surcharge or a breed restriction. The tenant provides documentation only if the need isn’t obvious. You respond with a simple, accommodating process and no extra fees.

• Scenario 2: A tenant claims a service animal but the animal snarls at neighbors. You address the behavior through the same channels you would with any resident: require the handler to manage the animal, take steps to prevent damage or disruption, and consider a transfer or other remedy if the animal’s behavior endangers others—always with due process.

• Scenario 3: A building has a strict no-pets policy. A tenant asks to keep a service animal. You review the accommodation request, confirm the need, and make a straightforward plan for the animal’s presence, consistent with the law. No extra charges, no pet-type restrictions.

What you should have in place as a landlord

• A clear, simple policy that explains you must accommodate service animals, and what the process looks like for requesting the accommodation.

• A concise checklist for handling requests quickly and consistently.

• A pathway for handling concerns about behavior or safety that keeps the process fair.

A friendly reminder about rights and responsibilities

We’re talking about a two-way street here. Tenants have the right to housing without discrimination. Landlords have the right to maintain safety and the upkeep of the property. Striking the right balance is the heart of good housing practice. That means keeping a calm, respectful tone, listening first, and responding with factual clarity.

Common misconceptions—and how to avoid them

• Misconception: Any animal can be a service animal. Reality: Service animals are trained to perform tasks that assist with a disability; not all animals qualify.

• Misconception: A landlord can demand medical records. Reality: You don’t need full medical histories. You can request documentation that confirms the need for accommodation and that the animal helps with the disability, and nothing more.

• Misconception: Service animals come with no rules. Reality: They must be under control, and the handler is responsible for ongoing care and behavior.

Real-world tips that actually help

• Keep a simple, consistent process. A short form or standardized questions can save a lot of time and confusion.

• Document everything. A quick note after a conversation, plus any provided documentation, helps protect everyone and keeps the process transparent.

• Focus on behavior, not the animal’s look. If the animal is well-behaved and under control, it’s a non-issue.

• Be mindful of safety questions. If a dog has shown aggression or would pose a risk that can’t be mitigated, that’s a separate matter to handle carefully and legally.

Where to turn for reliable guidance

• HUD resources on the Fair Housing Act offer clear, plain-language guidance for landlords and tenants.

• The ADA also provides practical information about how service animals are treated in various settings, including housing.

• If you’re unsure about a specific situation, a quick chat with legal counsel or a local fair housing agency can prevent misunderstandings down the road.

A closing thought that sticks

Service animals aren’t about complicating life in a rental. They’re about making housing accessible to people who rely on real, tangible support to go about their daily lives. When you treat requests with fairness and respond quickly with clear boundaries, you’re doing more than just staying on the right side of the law. You’re helping families, seniors, veterans, and neighbors live with greater independence and dignity.

If you’re managing properties or guiding a team, consider turning this into a simple, human-facing policy. A short guideline, a one-page checklist, and a ready-to-send reply for common questions can save time and reduce friction. And yes, staying informed about the latest rules matters—because housing should be a stable, welcoming place for everyone.

Remember: the core rule is straightforward. Service animals must be allowed, regardless of pet policies. They’re not a special category of pet; they’re a critical support that helps people live with greater autonomy. Keeping that door open—while maintaining safety and order—can be a straightforward, respectful part of responsible property management. If you want, I can help draft a one-page landlord policy or a quick response template you can tailor to your property.