When a Landlord Can’t Refuse a Service Animal — Tenant Rights & Limits

Answer

Intro: Tenants often wonder whether a landlord can deny a service animal. In most rental situations, landlords may not refuse a legitimate service animal or an assistance/companion animal requested as a disability accommodation. Which law applies and what documentation you can ask for depend on whether the animal is a “service animal” (ADA definition) or an “assistance/ emotional support animal” (housing rules).

Main points to understand

• Different laws apply. The Americans with Disabilities Act (ADA) governs public spaces and defines service animals that perform specific tasks. Housing falls under the Fair Housing Act (FHA), which covers both service animals and assistance animals (including emotional-support animals) for tenants.
• You can’t require certification. Landlords may not demand a special ID card, registration or certification to prove an animal is a service animal. If the disability or need isn’t obvious, a landlord may request reliable documentation that the tenant has a disability and that the animal provides needed assistance.
• No pet fees, but damages still apply. Under federal housing rules, landlords may not charge a pet deposit or extra pet rent for a reasonable accommodation. Landlords can, however, charge for actual damage caused by the animal and must document repairs and costs.
• Reasonable rules remain enforceable. Tenants must keep the animal under control, follow noise and sanitation rules, and comply with local licensing laws where reasonable. A landlord may deny an animal only if it poses a direct threat to health or safety or would cause undue financial or administrative burden.
• Process and documentation. Tenants should submit a written accommodation request and, if needed, documentation from a medical provider. Landlords should evaluate requests promptly and engage in an interactive process rather than reflexively denying.

Final note: Because state and local laws add extra protections and procedural rules, and because “service” versus “assistance” distinctions matter, it’s advisable to consult a licensed attorney or an experienced property manager when a dispute arises or before adopting a blanket policy. Treat accommodation requests case by case and document decisions carefully to reduce legal risk.