Fair Housing Rights & Responsibilities: Service and Support Animals
Federal and state fair housing laws require that an accommodation be made to a "No Pet" policy to permit the use of a service or support animal by an individual with a disability, unless doing so would result in an unreasonable burden on the housing provider.
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Federal and state fair housing laws prohibit discrimination against a renter or buyer on the basis of disability. Discrimination includes a refusal to make reasonable accommodations in rules, policies, practices, or services, when those accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a place of residence. Making a reasonable accommodation can include permitting a disabled person to have a service or support animal in their apartment or house.
What is a Service or Support Animal?
Service or support animals are animals that assist people with disabilities in the activities of independent living. Service animals are not considered to be pets. Under the Fair Housing laws, unlike under the Americans with Disabilities Act, the animal does not have to be licensed or certified by any local or state government or any training program, or even have any formal training at all.
Service or support animals are often used as therapy tools to assist persons with disabilities. The animal may be incorporated as an integral part of the treatment process. Service or support animals are usually dogs or cats, but the tenant and their treatment provider may designate any animal. Service or support animals are called by a variety of names, including service, emotional support, therapy, and companion, but the name does not matter as long as the animal meets the requirements of the Fair Housing laws.​
EXAMPLES OF SERVICE OR SUPPORT ANIMALS:
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Guide or seeing-eye animal: serves as a travel tool by a person who is legally blind.
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Hearing animal: alerts a person with a significant hearing loss or who is deaf when a sound occurs, such as a knock on the door.
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Mobility animal: assists persons who have a mobility or health disability. Duties may include carrying, fetching, opening doors, ringing doorbells, activating elevator buttons, steadying a person while walking, or helping a person up after a fall.
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Seizure response animal: assists persons with a seizure disorder. The animal may go for help, or may stand guard over the person during a seizure, depending upon the person's needs. Some animals have learned to predict a seizure and warn the person.
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Companion animal or emotional support animal: assists persons with psychological disabilities. Emotional support animals can help alleviate symptoms such as depression, anxiety, stress, and difficulties regarding social interaction, and thus allow tenants to live independently and fully use and enjoy their living environment.​
The Federal Fair Housing Act Definition of a Disability
A person with a disability is someone who has, has had, or is regarded as having a physical or mental impairment that substantially limits one or more major life activities.
Guidelines for Tenants
Tenants in a "no pet" unit should submit a written request to have a service or support animal as an accommodation for their disability.
Verification of Disability and Need:​
If the disability is not obvious and the housing provider so requests, the tenant must provide written verification that he or she has a disability and that the accommodation may be necessary to give the person equal opportunity to use and enjoy the housing. However, the tenant need not disclose the nature of the disability.
The best verification is usually a signed letter from the tenant's healthcare or mental health provider on professional letterhead answering the following questions:
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Is the person disabled as defined by fair housing laws?
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In the health care provider's professional opinion, does the person need the requested accommodation to have the same opportunity as a non-disabled person to use and enjoy the place of residence?
Supervision:
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The animal must be supervised and the tenant/handler must retain full control of the animal at all times.
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Clean Up Rules:​
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Never allow the service or support animal to defecate on any public or private property (except the tenant's own property), unless the tenant immediately removes the waste.
Always carry equipment to clean up waste from the service or support animal when you are in common areas or off the tenant's property.
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Contact housing provider if you need assistance with waste removal.
Guidelines for Property Managers and Owners
Service or Support Animal Accommodation:​
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Property management or the property owner must consider a tenant's written request and the written verification from the tenant's healthcare or mental health provider regarding the service or support animal accommodation request. The only acceptable reason to deny such a request is if granting the accommodation would cause an undue financial or administrative burden upon the housing provider or change the nature of the property owner or manager's business.
Fees?​
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Service or support animals are generally very well behaved and usually cause no damage to the property. However, if any damage is caused, the tenant will be responsible and the routine security deposit should be sufficient to cover the repair and cleaning cost. Any special deposit or move-in cleaning fee related to the service animal may be deemed discriminatory, and thus, illegal. ​
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Awareness Training:​
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Property management and staff should be properly trained in the facility's service animal policies, including the following rules: ​
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Service or support animals may accompany a tenant at all times and everywhere on the property except where animals are specifically prohibited.
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Do not pet, feed, or startle a service or support animal. Petting a service or support animal can cause the animal to become distracted or disoriented, resulting in the tenant or handler being left without the trained assistance of his or her animal.
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Avoid initiating conversation about the service or support animal, the tenant's disabilities, other service animals or a disabled individual one has previously known.
Other Related Resources
We Can Help!
​Project Sentinel is a nonprofit fair housing agency that provides education and counseling to community members, housing providers, and tenants about the fair housing laws. We also investigate complaints and advocate for those who have experienced housing discrimination.
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If you are a tenant, we may be able to:
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investigate your complaint
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educate the owner or manager about their legal obligations
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negotiate with the property owner or manager on your behalf
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help you file a complaint with a state or federal enforcement agency
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refer you to a free fair housing attorney for further legal assistance
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If you are a housing provider, we may be able to:​
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explain your obligations under the fair housing laws
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conduct a fair housing training for you and/or your staff
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provide you with additional educational resources​
Know Your Rights
Under federal and state Fair Housing laws, it is illegal for anyone involved
with the sale or rental of housing including owners, property managers and staff, real estate agents, HOAs, shelters, banks, and mobile home parks to:
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refuse to rent or sell a home
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charge higher rent or security deposit
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steer people to or from homes in certain neighborhoods or buildings
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evict a tenant
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apply different rules or criteria, or otherwise
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treat people differently
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harass or threaten a housing seeker, their friends, and family members
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...because of one of the following protected characteristics:
Federally Protected Classes:
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Race
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Color
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National origin
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Religion
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Sex
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Disability
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Familial status*
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California protects all the same federal classes but offers additional classes of protection.
California Protected Classes:
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Veteran or Military Status
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Ancestry
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Gender Identity & Expression
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Source of Income**
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Sexual Orientation
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Marital Status
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Immigration Status
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Primary Language
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Citizenship
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Arbitrary Characteristics​ (that have no relation to one's ability to be a good tenant.)
*Family with children under the age of 18
**Section 8/ Federal, State, or Local Public Assistance & Housing Subsidies