If you have a no-pet policy, you probably won’t be surprised to learn that doesn’t apply to service dogs—but you might be shocked when realizing that emotional support animal laws supersede your policy, too.

That’s because an emotional support animal is not considered a pet. Like a service dog, it is an assistive device to help with a disability, similar to the way a wheelchair provides assistance. Since a service animal is not a pet, a housing provider cannot charge a pet deposit or additional pet rent.

(What’s the legal basis? Look to the Fair Housing Act, or FHA, which was adopted in 1968. Later, in 1988, lawmakers modified federal law to prevent discrimination against families or people with disabilities.)

You may, however, refuse an animal that poses a direct threat to the health or safety of others, but you must be able to prove that the specific animal is a threat—general assumptions based on breed or size are not allowed. (read more...)

https://www.biggerpockets.com/blog/landlords-emotional-support-animals

Learn more about your ad choices. Visit megaphone.fm/adchoices