In many states, landlords have the right to not rent their properties to people with pets. You can enforce that policy by including a no-pets clause in your rental lease agreement. If you are subject to certain fair housing laws, though, you cannot enforce a no-pet policy on a tenant or prospective renter who has an emotional support animal or a service animal.

So, what rights do you have as a landlord that is subject to certain laws like the federal Fair Housing Act if you find out a renter in your no-pets building has a dog for emotional support? Or, if you allow certain pets, what are your options when a tenant adopts, say, a peacock for comfort? Here are the things you need to know.

What qualifies as an emotional support animal?

An emotional support animal, also sometimes called a comfort animal or therapy dog, is not a pet. It is an assistance animal, and a medical tool to help people with disabilities like depression and anxiety. The animal is often a small dog, but it could be most any species that provides a person emotional support like affection or judgment-free, positive regard.

For the emotional support animal to be legal, a tenant or a person associated with the tenant, such as a family member or a close friend, must be disabled, and the assistance animal must be necessary for the tenant to have an equal opportunity to use and enjoy their dwelling just like a non-disabled tenant. In addition, there must be a connection between the tenant’s disability and the assistance animal. 

What laws address tenants’ rights to keep emotional support animals?

People with disabilities can request a reasonable accommodation for emotional support animals under the federal Fair Housing Act and the federal Rehabilitation Act of 1973. Even if you have a no-pets policy, as a landlord that is subject to such laws, you cannot deny a reasonable accommodation request because you’re not sure whether the person asking for it has a true disability. You can, according to federal guidelines, ask for documentation of the disability if it is not readily apparent or known.  

Can I deny a renter’s request for a reasonable accommodation?

This is a question for your attorney to answer.

Federal guidelines describe some situations where landlords that are subject to the federal laws like the Fair Housing Act can deny a renter’s request for reasonable accommodation:

• If the requested changes to the property’s rules or policies would impose an undue financial or administrative burden
• If the animal poses a direct threat to the health and safety of others that cannot be reduced or eliminated by another reasonable accommodation
• If the animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by another reasonable accommodation

Can I charge pet fees for emotional support animals?

Because emotional support animals are not pets according to federal guidelines, you cannot ask for or collect an additional deposit or extra rent. You also cannot impose weight, breed or size restrictions on the animal. You can, however, charge residents a fee if the emotional support animal causes damage to your rental property provided it is your customary practice to charge tenants a fee for any damage they cause to the premises. Tip: You can now collect rent and one-time fees online with Zillow Rental Manager.

What if I'm not sure my tenant needs an emotional support animal?

If you believe your tenant or prospective renter does not have a disability-related need for an emotional support animal, the best thing to do is document the process so you have a record of your interactions, and then check with an experienced attorney before taking any action or refusing requests.

Federal fair housing laws require that people with disabilities, whether physical or mental, have an equal right to housing as people without disabilities. Before you decide how to incorporate emotional support animals into your lease agreements or take any action, check with a local attorney who is well versed in this subject.

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Note: This article is provided for your information only. Zillow Group, Inc. does not guarantee that the information in this guide is adequate or that it is compliant with current, applicable laws. This guide is not a substitute for the advice or services of an attorney. You should not rely on it for any purpose without consulting a licensed attorney in your jurisdiction.