If you’re a landlord or property manager, understanding the differences between service animals, emotional support animals (ESAs), and pets is crucial. These categories have different legal protections, and knowing the rules can help you stay compliant while managing your rental properties effectively.
What’s the Difference?
Service Animals 🦮
Service animals are highly trained to perform specific tasks for people with disabilities. These tasks can include guiding the visually impaired, alerting for seizures, or assisting with mobility.
🔹 Legal Protections:
- Covered under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA)
- Must be allowed, even in no-pet properties
- No pet fees or deposits can be charged
- Landlords cannot ask for certification—only if the animal is needed due to a disability and what task it performs
💡 Example: A tenant with a visual impairment has a guide dog to help them navigate.
Emotional Support Animals (ESAs) 🐾
ESAs provide comfort and emotional support for individuals with mental health conditions like anxiety or PTSD. However, they are not trained for specific tasks.
🔹 Legal Protections:
- Covered under the Fair Housing Act (FHA), but not the ADA
- Must be allowed in rental units with proper documentation from a licensed medical professional
- No pet fees or deposits can be charged
- Landlords cannot ask for detailed medical records, only a valid ESA letter
💡 Example: A tenant with anxiety provides a letter from their therapist stating their need for an emotional support cat.
Pets 🐶🐱
Pets are companion animals that do not have any medical necessity or legal protections.
🔹 Landlord Rights:
- Can choose whether to allow pets
- Can charge pet rent, deposits, and fees
- Can enforce breed or size restrictions
💡 Example: A tenant wants to bring their Labrador Retriever into a rental, but the lease has a no-pet policy—in this case, the landlord can say no.
How Landlords Should Handle These Situations
✅ Service Animals & ESAs:
- Must allow them, even with no-pet policies
- Cannot charge pet fees or deposits
- Can request an ESA letter (but not for service animals)
- Can deny animals that pose a direct threat to property or other tenants
🚫 Pets:
- Completely up to the landlord
- Pet fees, rent, and restrictions can apply
Understanding these differences helps landlords and tenants avoid legal issues and ensures fair housing compliance. If you’re a property owner, let us take care this for you and contact us now.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.