When managing rental properties, it's essential to know the legal distinctions between pets, service animals, and emotional support animals (ESAs). Each category is treated differently under the law and impacts how you should respond to tenant requests.
Pets
Pets are animals kept for companionship—like dogs, cats, or birds. As a landlord or property manager, you have full discretion over whether to allow pets. You can enforce policies around breed or size restrictions, require pet deposits, and charge monthly pet rent. Since pets aren’t legally protected, you’re free to shape and enforce your pet policy as you see fit.
Service Animals
Service animals are protected under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). These are typically dogs (or in rare cases, miniature horses) that are specifically trained to perform tasks for someone with a disability—such as guiding someone who is visually impaired or alerting someone to a medical issue like a seizure.
Under federal law, service animals are not considered pets. You cannot:
- Charge pet fees or deposits,
- Deny housing based on breed or size,
- Refuse them in no-pet properties.
You’re only allowed to ask two questions:
- Is the animal required due to a disability?
- What specific task has the animal been trained to perform?
Emotional Support Animals (ESAs)
ESAs are covered by the Fair Housing Act, but not the ADA. These animals don’t require special training but must be prescribed by a licensed mental health professional to help someone manage a diagnosed emotional or psychological condition.
Like service animals, ESAs must be allowed in rental housing—even if you have a no-pet policy. You also cannot charge pet fees or deposits. However, you are allowed to:
- Request proper documentation from a qualified professional
- Deny the request if the animal poses a direct threat (e.g., aggression or significant property damage)
- Reject requests with inadequate or suspicious documentation
Stay Compliant and Fair
To protect yourself and your tenants:
- Keep your policies clear and up to date
- Respond promptly to accommodation requests
- Understand what questions are legally allowed
- When unsure, consult a fair housing attorney or compliance expert
By knowing the legal boundaries and treating each case appropriately, you can ensure both compliance and a positive rental experience for all parties involved.