Question

A tenant with a disability would like to use a pit bull as a companion animal. Can the landlord refuse due to the perceived dangerous tendencies of the breed?

No. If the landlord is covered by the FHA or Rehabilitation Act, any breed can be a companion animal. However, if the specific animal is a danger to other tenants’ safety, a landlord can ask the tenant to remove the animal.

Law:    FHA; Rehab Act
Date:    August 2017

Question

Can a landlord charge a pet fee for my service or companion animal?

Not if your landlord is covered by the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) or Section 504 of the Rehabilitation Act. Your landlord can require reimbursement for damages caused by your service or companion animal.

Law:    ADA; FHA, Rehabilitation Act
Date:    August 2017

Question

Can a landlord or property manager ask for verification of a disability or of training certification for a service or companion animal?

Sometimes, for companion animals only. If the disability is not readily apparent, a landlord can ask for reliable documentation of the disability. If the disability-related need for an assistance animal is not readily apparent, a landlord can ask for documentation of how the animal assists with the disability. A landlord cannot ask for medical records or extensive documentation. However, a landlord cannot ask for documentation for service animals under the ADA.

Law:    Various Federal laws – FHA; ADA and the Rehab Act
Date:    August 2017