CREJ - Property Management Quarterly - November 2015
Service dogs and support animals are everywhere these days – in stores, movie theaters and other public areas. These animals help people with physical, mental and emotional disabilities lead more productive and active lives by assisting them with daily activities such as physical tasks, alerting them to nearby hazards, warning them of impending medical conditions and supporting them in emotional situations. According to the Fair Housing Act, the Americans with Disabilities Act and the Rehabilitation Act of 1973, there are two types of animals with at least some protected legal status – service dogs and support animals. The legal protections afforded to these animals are extremely important for property managers to recognize because failure to handle these animals correctly can be a costly and time-consuming mistake. There are many issues that property managers could face regarding service or support animals. For example, a tenant or prospective tenant might want to have a service dog in a unit that would otherwise not permit an animal, or a tenant might ask the property manager to forego additional pet rent or a pet deposit for a support animal. The important question weighing on the prudent property manager’s mind is, “Do I have to allow these animals onto the premises?” The answer is muddled because it depends on the legal status of both the tenants and the animals.