If you are a landlord, you need to know the rules and regulations surrounding service animals. These animals provide valuable assistance to people with disabilities and are protected by federal laws.
In this article, we’ll explore everything landlords need to know about service animals in Huntsville, Alabama. Let’s dive in!
What is Considered a Service Animal Versus a Pet?
First, let’s differentiate between a service animal and a pet. A service animal is specially trained to perform tasks related to a person's disability, while a pet provides companionship or emotional support. Service animals can include guide dogs for the visually impaired, mobility assistance dogs, and certain types of therapy animals.
Service animals play a crucial role in the lives of people with disabilities. For example, guide dogs are trained to assist the visually impaired in navigating their surroundings. These incredible animals undergo extensive training to learn how to guide their handlers safely, avoid obstacles, and locate specific objects or landmarks.
Mobility assistance dogs are trained to help those with physical disabilities by retrieving objects, opening doors, or pulling wheelchairs. These highly skilled animals enable their owners to gain independence and perform daily tasks that would otherwise be challenging or impossible.
Service animals are not limited to dogs. While canines are the most common type, other animals such as miniature horses can also be trained to perform specific tasks. These horses are often used by people with mobility impairments due to their strength, intelligence, and gentle nature. They can be trained to pull wheelchairs, provide stability, and assist with balance.
On the other hand, pets do not have the same legal protections as service animals. While landlords may impose restrictions on pets, they are not allowed to do the same for service animals unless specific criteria are met.
Service animals are not considered pets under the law. The Americans with Disabilities Act (ADA) defines a service animal as a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability. This definition also includes miniature horses that have been trained to perform specific tasks.
However, not all animals that provide emotional support or comfort are considered service animals. While emotional support animals (ESAs) can provide therapeutic benefits to those with mental health conditions, they do not have the same legal rights as service animals. ESAs are not granted public access rights or allowed in places where pets are prohibited, such as restaurants or grocery stores.
Can a Landlord Refuse a Service Animal?
Landlords cannot refuse a service animal based solely on the animal's breed, size, or weight. Your resident screening processes must be completely fair and equitable when it comes to evaluating service animals. However, there are some circumstances where a landlord may deny a service animal:
If the animal poses a direct threat to the health or safety of others.
If the animal would cause substantial physical damage to the property, beyond normal wear and tear.
If the animal's presence would fundamentally alter the nature of the housing provider's services.
These exceptions are narrow, and landlords need substantial evidence to support their claims if they choose to deny a service animal on these grounds.
Additional Service Animal Requirements
While landlords cannot impose additional requirements or restrictions on service animals, residents have certain responsibilities, for example:
The service animal must be under the control of the resident. If the animal displays unruly or disruptive behavior, the landlord may request its removal.
The resident is responsible for any damages caused by the service animal.
The service animal must be housebroken.
It's crucial for landlords to be aware of these responsibilities to ensure a harmonious living environment for all residents.
What Documentation is Needed for a Service Animal?
Landlords are entitled to request documentation supporting the need for a service animal; however, they are not allowed to ask for specific details about the person's disability. The documentation should be limited to verification that the animal is truly a service animal and that it assists with tasks related to the disability.
Acceptable forms of documentation can include a letter from a healthcare professional or a certificate from a recognized service animal training organization.
How Should Residents Submit Documentation for a Service Animal?
Residents should submit their documentation to the landlord in writing. They can do this via email, mail, or hand-delivery, depending on the landlord's preferred method of communication. It is recommended that residents save copies of all documentation for their records.
Upon receiving the documentation, landlords should review it promptly and communicate their decision to the resident. It is important to handle these requests in a timely and respectful manner to comply with fair housing laws.
When Can a Service Animal be Added to a Lease?
A service animal can be added to a lease at any time during the tenancy. If a resident acquires a service animal after the lease is signed, the landlord must allow the animal as a reasonable accommodation.
Landlords may request documentation of the service animal's qualifications, as mentioned earlier, and add this information to the lease file for future reference. However, they cannot charge any additional fees or deposits for the animal.
Final Thoughts
As a landlord in Huntsville, Alabama, knowing your rights and responsibilities regarding service animals is crucial. By familiarizing yourself with the laws and regulations, you can ensure a fair and accommodating living environment for all residents. Remember, service animals are not pets but vital companions for people with disabilities, and they play an essential role in their well-being.
Looking for a Huntsville property management company to assist with all the above? Contact our local team today!
