As a landlord, it’s essential to be in the know about the many rules and regulations that impact the rental property business. And one of those need-to-know situations involves emotional support and service animals. While most people are familiar with service dogs, they are less knowledgeable about emotional-support animals. A common misconception meshes the two types of animals together, assuming they are the same when in fact, they are very different. Landlords can’t afford to make assumptions or follow the crowd’s thinking. So, let’s delve into how these animal-related situations differ and tackle the rules and regulations governing renting to tenants with either type of animal. 

Emotional-support animals 

While owners frequently hear, “Oh, what a cute little/big dog/cat,” emotional-support animals are much more than a pet. The legal definition involves a prescription from a licensed mental health professional stating the presence of the animal is necessary for the patient’s mental health. Although not welcome everywhere, such as in restaurants, specific accommodations apply where rental housing is concerned. 

 Service animals 

While typically a dog, other animals may also be specially trained to perform tasks or assist with major life activities for people with physical, mental, or emotional disabilities. For instance, a service animal may guide a blind person, help someone with PTSD remain calm, or even pull a wheelchair. In addition, federal law has established that service animals are not pets and may be taken anywhere the general public is allowed. Therefore, service animals are protected by both the FHA and the Americans with Disabilities Act (ADA). This distinction means they are subject to fewer restrictions under federal law when compared to emotional support animals.  

Of particular interest to landlords, service animals are exempt from all rental pet policies. And with the correct documentation, emotional-support animals are also exempt. Therefore, landlords CANNOT enforce no-pet policies, refuse to rent to someone because of their service animal/emotional-support animal (ESA), or charge more for rent or a deposit.  

What questions can landlords ask a tenant/potential tenant about their emotional-support animal (ESA) or service animal? 

• Landlords MAY ask for an ESA letter. This document signed by a licensed mental health professional confirms a diagnosis requiring a companion.  
• Landlords MAY contact the healthcare provider only to verify the letter’s authenticity.  
• Aside from authentication, landlords CANNOT call the healthcare provider unless they receive written and signed consent from the tenant.  
• If the doctor includes a note welcoming landlords to call them with questions or concerns, the landlord CANNOT ask for the tenant’s medical history even if the tenant gives written consent. 
• Furthermore, a landlord CANNOT request additional documentation, such as the dog’s certification or training papers, to verify a service animal.  
• A landlord MAY ask what task the service animal performs unless it is evident, as in the case of a blind person. 

 Being uninformed about service and emotional-support animals will cost property owners in any number of ways. Take time to become educated so that you can professionally operate your property rental business.  

About Rentals America   

Rentals America provides full-service property management for residential rental properties. Our team is completely dedicated to property management and we’re here to help landlords navigate the rental market.