Data from the North American Pet Health Insurance Association (NAPHIA) shows that around 66% of households in the US own at least one pet, and it's unlikely that any would want to give them up when moving into a new home.
Understanding the distinctions between support animals, service animals, and pets can profoundly impact rental property decisions. As a landlord, it's essential to comprehend what support animals are, their legal rights, and how they fit into your property policies. This guide will help you navigate the complexities surrounding support animals and offer valuable insights into related laws and effective pet policies.
The Distinction Between Support Animals, Service Animals, and Pets
First, let's clarify what a support animal is. Unlike pets, support animals provide emotional support, companionship, or comfort to individuals with psychological or emotional disabilities.
Among them, emotional support animals (ESAs) are the most recognized. They don't require specialized training like service animals, which are trained to perform specific tasks to assist individuals with disabilities.
It's important to note that therapy animals (another category) are often used in therapeutic settings but do not qualify as service animals or emotional support animals unless they meet specific criteria laid out in support animal laws.
Understanding Support Animal Laws
Support animal laws can vary significantly depending on your jurisdiction. In the United States, the Fair Housing Act (FHA) protects the right of tenants to have support animals within certain parameters, allowing for both emotional support animals and service animals. This legislation means landlords may need to adjust their pet policies to accommodate individuals with legitimate support animal requests.
Landlords are not permitted to charge additional fees or pet deposits for support animals. However, they do have the right to verify the animal's status through documentation from a licensed mental health professional.
Best Practices for Pet Policies in Rental Properties
Having a clear and comprehensive pet policy is critical for landlords, especially in light of the legal significance surrounding support animals. Here are some best practices to consider:
- Define your terms: Clearly differentiate between pets, support animals, and service animals in your lease agreements.
- Documentation requirements: Outline the documentation needed to validate an emotional support animal and ensure it's compliant with legal standards.
- Limitations and conditions: Consider establishing reasonable restrictions, such as size or breed, particularly for pets, while complying with support animal laws.
Implementing these practices can facilitate a smoother experience for both landlords and tenants and minimize potential conflicts over support animals.
Making the Right Choice for You
While there are clear laws in place regarding allowing service animals and emotional support animals in rental properties, this isn't the case for pets. As a landlord, you need to make such decisions for yourself by weighing up the pros and cons. A property manager can help you do this.
PMI Denver West offers a full range of property management services. We have years of experience and understand the local market, so we can help you make the best decisions regarding your investment properties.
Contact us today to find out more about what we can do for you.
