Is the owner or management covered under the FHA?
This is typically the base question that needs to be answered. If the rental is under the FHA guidelines then the rest of this guide should prove helpful. If not, the property owner can do as they feel is best for their property, though you should check into the state laws.
Here is what HUD states:
FHA Specifics
The term "service animal" is used by the FHA includes both emotional support animals as well as service dogs. It is very important to use this verbiage with related paperwork, especially if you are terming your dog as "in training" as service dogs in training are NOT covered federally however they can be viewed as an emotional support dog.
- Assistance animals do not count against the maximum cap on pets that an owner/manager may have in place. They are not pets.
- Landlord MAY NOT charge a pet fee for the assistance animal(s)
- The landlord may charge a security deposit and can seek costs for damages caused by the animal(s).
- If there is found to be a "nuisance issue" the landlord has the right to remove the animal through legal proceedings.
First you should request Reasonable Accommodations with the landlord or management group. Normally, this is a simple form that you will probably need to attach your doctors note for the animal to. This will be investigated and either allowed or denied. They can call the doctor to confirm the letter's authenticity.
If they do not have a form for this, I would suggest doing one yourself. There is nothing wrong with doing your own. We have a template here on SDA that you can copy and fill out: Housing Reasonable Accommodation Form.
Doctors Letter
Many service dog handlers are told from day one that they do not need a doctors letter. I disagree whole heartedly! Even with some of the newer verbiage that says "if your disability isn't obvious" it is best to have a letter from your licensed health professional. My main reason is that the person reviewing your paperwork for something like this is going to be in a cubical many miles away from you and will have no idea what is an "obvious disability". If you need to know what a doctor's note for service dogs should look like Psych Dogs did a great article on it: Service dog letter templates though I suggest changing service dog to assistance animal.
This is an article I work about paperwork I think all service dog teams should have records of: Service Dog Registrations and Paperwork (United States).
Reason a Landlord Can Deny
Granting the request would impose an undue financial and administrative burden on the housing provider. This has been seen when the providers' insurance has implemented a "banned dog" list. This can be viewed as a financial burden as the provider would have to either add a rider onto their policy or a completely new policy.
The request would fundamentally alter the essential nature of the housing provider's operations
The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
The request would result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage.
Common Questions
When should I put in for reasonable accommodations?
It all depends on how you want to handle it. Personally, I think the sooner the better just for the simple reason of their reaction is going to say a lot about if I really would want to reside there. Others will say don't submit the form till after the lease has been signed as it would be much harder for the landlord to back out.
