Service & Emotional Support Animals

What is the Difference Between a Service Animal and an Emotional Support Animal?

• A service animal is a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. 
• An emotional support animal belongs to a person living with a disability. The person’s mental health professional has determined that the presence of the animal is necessary for the disabled person’s mental health and has written a prescription stating the pet is necessary in the person’s home. 

Examples of Accommodations

• If there is a “no pet” policy, permitting a service dog or emotional support animal;
• If there is a “cats only” policy, permitting service dogs. 

Exemptions

• Owner occupied buildings with no more than three units, if the owner lives in one of the units, per federal law;
• Owner occupied buildings with no more than four units, if the owner lives in one of the units, per state law;
• Single family housing, if the owner does not own more than one such single family home and if the owner does not utilize a rental agent; and
• Limited exemptions for religious organizations, private clubs and nonprofit organizations.

What Documentation Can a Landlord Request?

• If a person’s disability is visible, a landlord cannot request any documentation. 
• If a person’s disability is not readily known, a landlord has the right to request medical documentation supporting the request for an accommodation. The documentation need not disclose the disability.
• A landlord is permitted to ask what work or task the animal has been trained to perform if it is a service animal.
• No certification or proof of training for the service/emotional support animal is required.

Tenant Responsibilities

• Ensuring the animal is not a nuisance to others
• Cleaning up after the animal

A landlord has the right to refuse a service/emotional support animal if it causes damage, is disruptive or poses a direct threat to others.