If you are a residential landlord or property manager, it is likely you have come across a Tenant claiming the need for an emotional support animal or service animal. Service animals and support animals are protected under various state and federal laws. Therefore, it is important to know a few basic definitions and rules associated with each.
Service Animals:
To qualify as a service animal, the animal must be (i) a dog and (ii) trained to perform tasks to assist with the Tenant’s disability. Tenants are entitled to reasonable accommodations for their service animals from standard pet rules or fees, such as no pet policies, additional deposits, increased rent, or breed restrictions. If it is readily apparent that the Tenant’s dog is trained to assist with the Tenant’s disability, the accommodations should be granted without requesting any additional documentation. For example, a blind Tenant with a guide dog is entitled to a reasonable accommodation from the property’s pet rules without having to produce any additional documentation.
If it is not readily apparent that the Tenant’s dog is trained to assist with a disability, the Landlord should only ask the following two questions:
a. “Is the dog required because of a disability?”
b. “What work or task has the animal been trained to perform?”
If the dog is required and trained, the dog qualifies as a service dog and a reasonable accommodation must be granted.
Support Animals:
Certain federal laws require reasonable accommodations for animals that do not qualify as service animals but instead qualify as support animals if the animal provides emotional support to the Tenant. Unlike service animals, support animals do not have to be dogs. The Tenant must reasonably demonstrate that their requested support animal “does work, performs tasks, provides therapeutic emotional support” with respect ot the Tenant’s disability. If the Tenant has an observable disability, the burden of proof to establish the animal’s need is a low bar. If the Tenant’s disability is not readily apparent or observable, the Tenant will also need to provide information to reasonably demonstrate or support the Tenant’s disability. The Landlord may not require specific forms or documents from the Tenant. The Tenant may establish their disability, or the need for the animal, through reasonable information or documents, such as, but not limited to, a letter or conversation with Tenant’s health care professional. Support animals may be any common household animal and they are also exempt from typical pet rules, such as breed restrictions, pet deposits, or increased rent.
If you have any questions regarding a specific situation you are facing or would like to receive more property management legal guidance, we’d love to hear from you.
Protect Your Rental Property While Staying Compliant
Navigating service animal and emotional support animal requests can be complicated for landlords and property managers. Mistakes can expose you to Fair Housing complaints and potential liability.
If you are a landlord or property manager in Oklahoma or the Oklahoma City metro area, the attorneys at Rieger Sadler Joyce LLC can help you evaluate accommodation requests, update lease policies, and ensure compliance with state and federal law.
Written By: Gunner Joyce, Attorney at Law
FAQs
Can a landlord deny a service animal in Oklahoma?
Generally, no. If the animal qualifies as a service animal under federal law, the landlord must provide a reasonable accommodation, even if there is a no-pets policy.
Can a landlord charge a pet deposit for an emotional support animal?
No. Service animals and emotional support animals are not considered pets under Fair Housing laws, so landlords may not charge pet deposits, pet rent, or apply breed restrictions.
What can a landlord ask about a service animal?
If the disability is not obvious, a landlord may only ask:
Is the dog required because of a disability?
What work or task has the animal been trained to perform?
Landlords may not request medical records or detailed information about the disability.
Do emotional support animals have to be dogs?
No. Unlike service animals, emotional support animals may be other common household animals if properly supported by documentation relating to the tenant’s disability.
What happens if a landlord violates Fair Housing laws?
Improperly denying a reasonable accommodation may result in complaints, investigations, fines, and potential civil liability.
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