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Fair Housing and Assistance Animals
I heard that the Americans with Disabilities Act (ADA) does not protect my right to have
an emotional support animal (ESA) and only recognizes dogs as service animals. Does this
mean I can no longer have my emotional support cat in my apartment?
It is true that the ADA does not recognize ESAs as service animals and it does limit the
definition of service animals to dogs (and miniature horses in some situations). However, the
ADA covers public places and government buildings and services; it does not cover housing.
The Fair Housing Act (FHA) covers housing and it does recognize ESAs and allows animals
other than dogs. When looking at housing covered under the FHA, it doesn’t matter if the
assistance animal is a trained service dog or an untrained ESA because they are treated the same.
I just fell in love with a house that I want to rent but the owner says he won’t allow me to
have my service dog. Is this legal?
The first question you must answer is whether the owner is subject to the FHA. Not all rental
properties or property owners are obligated to follow the FHA. Some exceptions include a
building with 4 or less units if the owner lives in one of the units; a home rented by an owner
who has 3 or fewer rental properties; and a home rented by the owner without the use of a
broker. If the owner does not meet an exemption to the FHA, he or she must allow the service
dog as a reasonable accommodation even if the property is listed as pet-free.
My landlord just told me that there is a new rule requiring tenants with pets to pay an
extra $25 per month. Do I have to pay this monthly pet fee for my ESA?
Property owners are not allowed to charge any sort of pet fee for assistance animals, including a
pet security deposit or a monthly pet fee.
Do I have to prove I have a disability in order to
have my ESA in my apartment?
If your disability is obvious, the property owner must
not ask for any documentation of disability, but if your
disability is not obvious, he or she may ask for
documentation that you have a disability and that the
ESA is necessary to alleviate a symptom or effect of
Assistance animals are NOT
pets! They cannot be denied
under a “No Pets” rule, there
can be no limit on the breed or
size, and the individual with a
disability cannot be charged pet
fees or deposits.
your disability. You do NOT have to disclose your diagnosis, nature of your disability, or your
medical records.
Do I need to have my assistance animal certified?
There is no certification requirement in the FHA. There are on-line organizations that claim to
certify assistance animals (for a fee), but such certification does not provide you or your animal
more rights or protection.
My assistance animal scratched a door in my apartment and chewed a section of the
linoleum in the bathroom. Do I have to pay for this damage?
Yes. The owner of an assistance animal is responsible for any damage caused by the animal
beyond normal wear and tear.
My doctor has recommended that I get an ESA due to my depression but pets are not
allowed in my apartment. How do I address this issue with the property manager?
An ESA is a reasonable accommodation under the FHA which means you must be allowed to
have an ESA in your apartment as long as you have a disability and the ESA alleviates
symptoms of that disability. You must request a reasonable accommodation and be prepared to
provide documentation since your disability is not visibly observable. Ask your doctor or mental
health professional to write a letter on his or her letterhead stating the following: your name; the
fact that he or she is treating you; you have a disability (you do NOT have to disclose your
diagnosis or the nature of your disability); in his or her professional opinion, you need an ESA;
identify the type of animal for which the reasonable accommodation is sought; and the reason
you need the ESA is to alleviate a symptom of your disability and not merely as a pet.
After my service dog bit another tenant and growled at a child, I received an eviction
notice. Since I have a reasonable accommodation for the service dog, can I really be
evicted?
The FHA does not require property owners to allow assistance animals who pose a direct threat
to the health or safety of others. Therefore, the eviction notice was valid. However, you may ask
the property owner to consider any steps you can take to reduce the danger such as consulting a
professional dog trainer about your dog’s behavior or using another type of leash or harness that
would give you more control over your service dog. This would be a request for another
accommodation to avoid eviction.
Can my snake be an ESA?
Under the Fair Housing Act and guidance documents
from the Department of Housing and Urban
Development, ESAs can include dogs, cats, small
birds, rabbits, hamsters or other rodents, fish, turtles or
other small domesticated animals that are traditionally
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kept in the home. If the person with a disability has a unique animal not on this list, he or she
must demonstrate the need for that specific animal or type of animal. The property owner may
require more substantial documentation to prove that your snake is required to alleviate a
symptom or effect of your disability in order for you to use and enjoy your residence.
I have a trained therapy dog that I take to the local children’s hospital. Does he qualify as
an assistance animal?
Therapy dogs do not qualify as assistance animals under the FHA. An assistance animal
performs tasks, provides assistance, and/or provides therapeutic emotional support for a specific
individual with a disability. Your dog is considered a pet and you are required to follow all pet
rules and pay all pet fees.
If you think your rights may have been violated, you can file a Fair Housing complaint. For
information on how to file a complaint, look for information on this website and on the
following pages:
• https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint
• http://www.dpor.virginia.gov/FairHousing/
dLCV publications are available in alternate format, upon request.
The Protection and Advocacy System for Virginians Disabilities
This publication was prepared with 100% federal funding.
This information should not be interpreted as legal advice.
