Landlords and property owners are constantly weighing the pros and cons of allowing pets in their rental properties. They usually set rules for pets to prevent their property from wear and tear and serious damage. However, as a landlord, you must follow the Federal Fair Housing Act (FFHA) and the Americans with Disabilities Act (ADA).

Companion animals are becoming the most often requested accommodation from housing providers for those with disabilities. In this case, tenants usually need to bring a service dog or a support animal into their home.

Under the FHA, landlords and property owners like you are required to offer reasonable accommodation for disabled tenants. So even if you have a strict policy of not allowing pets in your rental property, an exception must apply for someone with a disability who needs service animals and emotional support animals to live with them.

When it comes to renting to people with these kinds of animals, the Department of Housing and Urban Development (HUD) gives you very detailed rules to follow to ensure your compliance with fair housing laws.

However, some landlords and property owners still feel confused about the laws surrounding these particular types of pet laws. If you're unsure which one you are dealing with, we listed some key points and differences to note regarding service dogs and assistance animals.

A. Emotional Support Animals

As per FHA, an assistance animal, also known as an emotional support animal, is any animal that works with or helps a disabled person. It also gives them emotional support that relieves the symptoms of a person's disability.

It’s important to note that an assistance animal doesn't need to be individually trained. In most cases, being around the animal is enough to provide emotional support.

Types of Assistance Animals

There are different types of assistance animals that you can encounter:

1. Emotional Support Animals (ESAs)

Emotional support animals are not the same as domestic pets. These are animals that help a disabled person cope with their condition, except for some wild or limited farm animals, and any animals that pose a threat to the person's health or safety.

2. Therapy Animals

Therapy animals provide people affection and comfort, usually in places like schools, hospitals, and places of disaster. They are only allowed to go places that legally permit them to enter.

Applicable Properties

This law is applied to all properties including:

assisted living facilities
multifamily homes
private housing
subsidized houses

There are no restrictions on size, weight, and breed of assistance animals except when they have a history of aggression. You also can’t charge extra fees or deposits to your tenants who have assistance animals. However, your tenants will still be responsible for the repair costs when their psychiatric service animals cause damage to your property.

Tenant's Rights and Responsibilities

Your tenant must prove that they have a physical or mental disability that makes it very hard for them to do the things they normally do and that they need the animal because of their disability. Here is a list of animals that are widely kept in homes:

cat
dog
fish
gerbil
hamster
rabbit
other rodent
small bird
turtle
other small, domesticated animals

Otherwise, they have to provide additional documents when their requested animal is not on this list. Also, your tenants may take their assistance animal to any areas where persons are normally allowed to go, except to a university facility unless there's approval from a university disability authority.

Although considered service animals are not required to wear a cape or harness, a tenant must keep an eye on them and make sure they don't make too much noise or damage the unit. They also need to clean up after them.

Verification Requirements

Assistance animals don't have to be certified or registered by any agency or government unit. On the other hand, if your tenant's disability is not obvious, they must show proof of that disability and need through a verification letter.

Assistance Animals in Las Vegas, Nevada

Now, that you know the general rule about animals and emotional support, it's also important for you to be aware of specific laws about them in Las Vegas as a landlord:

The Air Carrier Access Act (ACAA) and the FHA are two government rules that protect ESAs.
ESAs don't have the same legal protection as service animals in Las Vegas.
Verification letters must be issued by licensed mental health professionals.

B. Service Animals

According to the ADA, Service animals are only dogs. They can be of any breed or any size and must be trained to directly assist a person's disability.

Applicable Properties

The rules about service dogs in rentals mean that you have to make accommodations for disabled tenants. You can't implement any pet restrictions on them and can't charge any kind of pet fees for service animals going into your rental homes.

However, there are exceptions to this rule:

If you are renting out four units or less and living in one of the units.
If you are leasing a single-family home and don't use a broker or service.
If the animal has shown aggression towards anyone.

Verification Requirements

You may request proof that the service animal has been "prescribed" by a medical professional. Most of the time, your tenants will provide you with a letter from their doctor saying that they need a service animal because of their disability. The tenant's exact condition or illness, on the other hand, is private information that you can't ask about.

Service Animals in Las Vegas, Nevada

Nevada housing laws strictly follow the ADA and FHA guidelines and requirements for service animals. They don't have state regulations regarding service animals in rentals that vary from federal law.

C. What is the Difference Between a Service Animal and an Assistance Animal

Many federal and state laws exist to assist those who rely on animals for assistance. Although the words and concepts used by each statute are different.

Service animals are dogs that have received specific training to assist their human companions with physical or mental disabilities. On the other hand, assistance animals can be any animal and not just limited to dogs. There is no training required for them but they need to alleviate the difficulties associated with a person's disabilities, whether it's providing emotional support, direction, or doing other specialized tasks.

Get Assistance in Your Rental Home Pet Policy with Avalon

Your rental agreement's pet policy is only the beginning. Maintaining consistent policy enforcement and swiftly addressing any infractions are crucial to its efficacy. Added to this are the complicated federal rules and terms for service animals and assistance animals.

If you want to have more efficient enforcement of your pet policy in your rental property business, Avalon Property Management is here to help!

We offer full-service management services from our property experts to ensure that you don't miss anything from all the confusing state and federal rental laws. We will also oversee the regular inspection of your unit to ensure that it is free from any serious damage.

We also offer Avalon's Tenant Pet Policy to guide our tenants on their rights and responsibilities as pet owners. If you want to know more about this and how it can help your rental property business, please feel free to schedule a free consultation with us!

Is an Assistance Animal the Same as a Service Animal?