The topic of animals in rental units is often an issue for disagreements between landlords and tenants. There is a widespread belief that pets can cause additional damage to a rental property beyond what people can do. From a landlord's point of view, denial of residence appears to be a fair and valid decision. However, there are many misunderstandings about whether a pet can damage your property or not and how you can prevent it. In addition, landlords are also prohibited from discriminating against tenants with disabilities when applying for the care of animals.
Instead of facing the wrath of the law, landlords benefit by understanding more about service animals and the rules you need to follow.
Know the difference between service animals and animals with emotional support
According to the Law on Americans with Disabilities, service animals are defined as dogs or miniature horses that are trained to perform tasks for people with disabilities. They require special training to help the owner and also require licensing. Since they play an important role in the life of the owner, they are also entitled to most rights. On the other hand, an emotional support animal that is recognized under Colorado law is any animal that can contribute to a person's emotional or mental well-being. In contrast to service animals, ESAs do not require a license. Instead, the person needs a letter from an approved therapist recommending the presence of the animal to alleviate the symptoms of the disability. Therapy animals are the third category that are trained to support people other than their practitioner.
Laws that allow aid animals in rental properties
Both service and emotional support animals are protected by the Fair Housing Act, which applies specifically to landlords. This law prohibits discrimination on the basis of disabilities and obliges builders to take reasonable precautions for tenants. Therefore, even if you have a pet policy in place and the animal requested is identified as a service animal or ESA, you are required to accept their request.
How to check the legitimacy of the request
No wonder there are people who take advantage of relief animals. Because these animals are not classified as pets, you may not find this information while doing a background check. This often puts landlords in a difficult position to review requests.
However, you can check the following before granting accommodation.
- Whether the tenant has a recognized disability
- Whether the disabled tenant requires that the animal has equal access to and enjoy the apartment
- Whether the animal would put excessive strain on the landlord
- Is there a chance for the animal request to pose a threat to property or other tenants?
If the request is made by someone with no apparent disability, you can ask them to provide reliable documentation, but not the medical documentation. You should also receive relevant certifications or letters related to the animal and evaluate them objectively. If the above conditions are checked, the landlord must take reasonable precautions and allow the animal on the property. The rules can also vary by state and territory. In some states, for example, animals are allowed in rental units, but not in common areas. The best approach for landlords is to learn about regulations and responsibilities. With a thorough review process, you can identify those who are really in need and protect yourself from discrimination claims.
