Federal and state nondiscrimination laws protect the rights of people with disabilities to have service animals and emotional support animals in their homes, even when the housing provider has a policy that does not allow pets (or a certain type of animal such as a dog). Under the law, service and emotional support animals are assistance animals and are not considered pets.
Service animal: A dog or miniature horse is a “service animal” if it is “individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.” The service animal does not need to be professionally trained. Examples of assistance provided by service animals include:
- Alerting a person who is deaf or hard of hearing to important sounds like an alarm, doorbell, or someone calling their name.
- Providing physical support and assistance with balance and stability for a person with a mobility disability.
Emotional support animal: Emotional support animals are not service animals and do not require specific training. The mere presence on an emotional support animal can have a therapeutic effect for the person with a disability.
Not everyone with a disability is entitled to have an animal living with them. You need to be able to prove the following two things:
- You are a person with a disability. This means you have a medical condition that creates a substantial limitation to a major life activity, such as communication, walking, seeing, hearing, or emotional/social functioning.
- You need the animal to ease the symptoms of your disability or to provide a service to you. There must be a relationship between your ability to function and the assistance your animal provides for you. The animal must be necessary to perform a service or task for you to be able to use and enjoy your home.
Common Questions:
Q: What if my animal causes a problem?
A: You are responsible for your animal including cleaning up after it and making sure it is not a nuisance to other tenants. If your animal causes damage, you may be responsible for the costs of cleaning or repair. If your animal is disruptive to other tenants or residents, or is a direct threat to anyone, the housing provider may be justified in refusing to allow the assistance animal to stay, or in taking steps to evict you.
Q: Can the housing provider require an additional deposit?
A: No. The landlord cannot require you to pay an additional deposit as a condition to allowing you to have the animal, even if deposits are normally required for pets.
Q: Can my landlord refuse to allow me to have a particular type or size of animal?
A: No. Pet rules do not apply to assistance animals. Therefore, housing providers are not allowed to place limits on breed types or size.
If your landlord has a ‘no pets’ policy, you can request a ‘reasonable accommodation’
A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy their home, including common areas. When you make a request, you may be asked to provide documentation from a medical professional to support your request.
Housing providers should make reasonable efforts to grant accommodation requests, but they are not required to make changes that would create an ‘undue burden’. Under the law, allowing service and emotional support animals is not considered an undue burden.
How do I request a reasonable accommodation to a ‘no pet’ policy?
- Make a written request to the housing provider for a reasonable accommodation. The request should state that you have a disability and explain that the requested accommodation is necessary to ease your symptoms or to provide you with a service to enable you to use and enjoy your dwelling.
- Be prepared to provide a letter from your doctor, psychiatrist, social worker, or other health professional verifying that you are a person with a disability and your need for the assistance animal. You can download a sample letter at drcnh.org/housing/esa-sample-letter.
- You do not have to disclose your actual diagnosis or medical history.
- You do not have to provide proof of your animal’s training or certification.
