A crucial decision that all Palatine rental property owners make is whether or not to allow their tenants to keep pets on the property. But despite that you have a no-pet policy for your rental homes, you could most definitely be shocked to hear that it doesn’t apply to support animals. Under the Fair Housing Act, there are certain occasions when property owners will have to allow a tenant to keep an animal on the property no matter what your pet policy is. Except, there are also exceptions to this rule. Considering this, it is significant to understand what the federal laws are, whether the law applies to you, and when you can reasonably deny a tenant’s request.
The Fair Housing Act and Support Animals
In a general sense, the Fair Housing Act is a set of laws intended in an effort to prevent discrimination against tenants who belong to a protected class. This embodies tenants who rely on support animals for either emotional or physical assistance. One key aspect of the Fair Housing Act that you have got to know is that it classifies these animals differently from pets. That’s why your no-pet policy usually isn’t a legal reason to deny a tenant’s request to keep a support animal on the property.
There are two basic types of support animals. Service animals are animals trained to perform specific tasks. One common example of a service animal is a guide dog that has been trained to help a person with impaired vision. The other type of support animal is assistance or emotional support animal. These animals do not need to be trained to perform one or more specific tasks as service animals do. Contrary to that, an emotional support animal provides benefits to its owners in other ways. This might be a cat that helps alleviate a person’s depression and anxiety, or a bird trained to alert a deaf person when someone is at the door.
When the Law Applies to You – And When It Doesn’t
Essentially, federal law states that property owners cannot deny a tenant’s request to keep either a service animal or an emotional support animal in their rental home. You are as well not allowed to charge the tenant a pet deposit or additional rent. The tenant must provide documentation of the support their animal offers. It may be either a service animal certification or a letter from a medical or mental health professional describing the need for the support animal.
Then again, however, there are a few exceptions to this rule. The first exception is based on the property type. If in case your rental property is owner-occupied or is owned by a private organization that uses the property for its members, the support animal rule does not apply. The FHA furthermore does not apply if you own less than three single-family houses and rent them out yourself.
Other possible exceptions to federal law include dangerous animals or denial of insurance. If, in any case, you can prove that the animal the tenant wants to keep on the property poses a direct threat to the safety of others, you may be able to deny their request. Except, however, your denial cannot legally be based on the animal’s breed or size alone. Another potential exemption could be coming from your insurance carrier. Supposing your insurance provider refuses you a landlord insurance policy or hopes to charge excessive amounts to allow the support animal on the property, you may perhaps be able to successfully argue that you are unable to grant the tenant’s request reasonably.
Support animals and their owners have specific legal protections that, as a Palatine rental property owner, you need to know. With lots more intricacies in federal law, it is always best to be prepared with the right information before they ask to keep a support animal on the property. If ascertaining the ins and outs of all property management laws seems like an overwhelming responsibility, why not hire a company already well-versed in this aspect of the law? Contact us today to learn how we can make your life easier as a rental property owner.
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.