Service animals play a crucial role in society, providing support and assistance to individuals with disabilities. As a landlord in Williamsburg, it is important to understand rights and requirements surrounding service animals. This article aims to provide an overview on the subject of service animals, addressing key questions and concerns landlords may have.

What is Considered a Service Animal Versus a Pet?

Before delving into the specific regulations regarding service animals, it is important to differentiate between a service animal and a pet. Service animals are specifically trained to perform tasks that mitigate the effects of a person's disability. On the other hand, pets primarily provide companionship and emotional support but lack specialized training.

Service animals undergo rigorous training to assist individuals with disabilities in their daily lives. This training is tailored to the individual's needs and may include tasks such as guiding individuals with visual impairments, alerting individuals with hearing impairments to sounds, pulling a wheelchair, or providing physical support for individuals with mobility impairments.

Furthermore, service animals are protected under the Americans with Disabilities Act (ADA), which allows them to accompany their handlers in public places where pets are typically not allowed. This includes restaurants, stores, hotels, and public transportation. It is important to note that service animals are not required to wear a specific vest or carry documentation to prove their status, as this goes against the ADA regulations.

Can a Landlord Refuse a Service Animal?

The Fair Housing Act (FHA)  requires that landlords make reasonable accommodations for disabled tenants. Because service animals are vital to the day to day functioning of the disabled individuals that they serve, landlords are prohibited from refusing service animals. Service animals are legally distinct from pets and it is considered discrimination under federal law to deny a tenant housing or to charge additional fees based on the need for a service animal.

However, there are certain circumstances in which you may be able to deny a request for a service animal. If the service animal poses a direct threat to the health or safety of others, if the animal is out of control and the owner does not take effective action to control it, or if the presence of the service animal would fundamentally alter the nature of the rental property, you may be able to refuse the accommodation. However, it is crucial to consult with legal professionals before making any decisions to ensure compliance with the law.

Additional Service Animal Requirements

While landlords cannot refuse accommodation, they are entitled to request documentation from the tenant to demonstrate that the animal is indeed a service animal. This documentation may include a letter from a healthcare professional indicating the tenant's need for a service animal or proof of the animal's training as a service animal.

Secondly, landlords have the right to request that the service animal is well-behaved and does not pose a threat to the property or other tenants. If the animal exhibits aggressive or destructive behavior, the landlord may be able to deny accommodation.

How Should Residents Submit Documentation for a Service Animal?

When it comes to submitting documentation for a service animal, landlords should provide a straightforward and accessible process. Accept documentation via email, mail, or in-person. Clearly communicate the required documents and the deadline for submission.

Keep in mind that the verification process should be efficient, without unnecessary delays or burdensome requirements. Promptly review and respond to documentation to avoid any perception of discrimination or undue hardship on tenants with disabilities.

Additionally, it is crucial for landlords to maintain confidentiality and respect the privacy of residents submitting documentation for a service animal. Ensure that any sensitive information provided is handled securely and only shared with relevant parties involved in the verification process.

A property management company can be a useful resource for establishing a streamlined and confidential process for submitting and gathering documentation.

When Can a Service Animal be Added to a Lease?

Once a tenant has provided the required documentation, service animals are generally added to the lease as an addendum or attachment. The lease should clearly state the presence of a service animal and outline any additional responsibilities or requirements the tenant has as their service animal resides in the property.

However, it is essential for landlords to bear in mind that they cannot charge any additional fees or deposits solely because the tenant has a service animal. The tenant is still responsible for any damages caused by the service animal, but these should be handled in the same way as damages caused by any other tenant.

Final Thoughts

Understanding the rights and regulations surrounding service animals is crucial for landlords in Williamsburg to abide by the law and foster an inclusive atmosphere. By familiarizing themselves with these guidelines, landlords can provide necessary accommodations to tenants with disabilities while ensuring the well-being and safety of their property. Remember, service animals serve an important role in the lives of individuals with disabilities and their presence should be respected and protected.

Looking for a property management company to assist with disability accommodation and other tenant related matters? Reach out to our team in Williamsburg to learn more about our services!