Any intelligent landlord who’s been around the tenant block a few times understands the importance of treading lightly when it comes to allowing any and all pets to live in one’s rental property. It’s not discriminatory to prohibit pets of a certain kind – or all kinds – from living on your property, as “cat owners” or “dog owners” are not a protected class. There is, however, one very important exception to this rule, and that is the service animal.
Service animals and their owners are protected by the federal Fair Housing Act, which prohibits housing providers from discriminating against applicants or tenants because of a disability. The law requires owners and landlords to make reasonable accommodations to allow those with disabilities equal opportunity to live there. This includes adjusting rules or policies, such as allowing dogs on the premises, or increasing the usual weight limit for a pet for a person who requires the assistance of an animal for a disability-related need.
Having said that, it’s important to note that a tenant with a service animal doesn’t get a free pass, exempt from all of the rules other tenants must follow. For example, they must keep their animal under control at all times and the animal must not become a nuisance or a threat to other tenants or neighbors.
The best way to handle such a situation is to keep lines of communication open with the tenant, and to review the law to make sure you are and remain in compliance.
