Around 59% of renters in the U.S. own a pet, which means landlords must decide whether it's a service, emotional support, or regular pet.
Knowing the difference between service, emotional support animals and pets so you know which ones you must legally accept. But if you've never considered this aspect of renting, you likely won't know that there are differences.
If this sounds like your situation, you've come to the right place. Here's everything you need to know.
Service Animals
Before we jump in, it's important to cover the service animal definition. Under the Americans with Disabilities Act (ADA), these animals are trained to help people with disabilities through daily life. Common work tasks include guiding blind or low-vision individuals with navigation and alerting those with hearing loss.
Other examples of service animal training include providing support for individuals with mobility, psychiatric, and neurological disabilities. Although dogs are the most popular type of service animal, cats, horses, and birds can be trained too.
Federal and state law states that service animals are allowed in all public spaces and landlords can't reject or discriminate against people with disabilities and the accommodation they need.
Emotional Support Animals
Many people have disabilities that don't meet the service animal requirement, which is where emotional support animals come in. The definition of an ESA is an animal that alleviates one or more symptoms of a person's disability, such as anxiety, depression, and PTSD. Note that these animals do not have special training to perform tasks, unlike service animals.
When you look at emotional support animal laws, you'll notice that they are limited. Most are protected under housing laws so that residents can live with their emotional support animals in accommodations that have "no pet" policies. If tenants feel they need an ESA, they must complete emotional support animal registration, so that it's legally binding.
During the application process, individuals must have a prescription or letter from a licensed practitioner stating that the animal provides essential support for their mental health condition.
Pets
Although there are many benefits of pets, such as companionship and entertainment, they do not have legal protection. This is because they do not perform tasks or offer therapeutic benefits like emotional support animals do.
Because of this, landlords can decide whether to accept them. As they are not legally bound, if landlords accept pets, they can charge a pet fee or ask for a deposit to offset any damage caused by the animal.
Understanding the Difference Between Service, Emotional Support Animals and Pets
Once you know the difference between service, emotional support animals and pets, you'll know where you legally stand.
Individuals with disabilities or mental health issues must get proof that their animal is essential. At PMI Capital Region, we have dealt with pet issues for years and the law regarding service and emotional support animals. If you're a new landlord and need help navigating the landscape, we'd love to help.
Drop us a line today to chat with a member of our team.
