Pets are a common part of many households, providing companionship and joy to millions of American households. However, not all animals kept by people serve the same purpose. There are important distinctions between pets, service animals, and emotional support animals (ESAs).
Service animals are trained to assist individuals with disabilities, ESAs provide emotional comfort to those with mental health issues, and pets are generally kept for companionship and personal enjoyment. In this blog post, we'll take a closer look at each, so that both landlords and tenants can abide by the correct pet regulations.
Service Animals
Service animals are specially trained to perform tasks for individuals with disabilities. These tasks can include guiding a visually impaired person, alerting a deaf individual to sounds, pulling a wheelchair, or retrieving dropped items. The most common service animals are dogs.
For landlords, it's essential to know that service animals undergo rigorous service animal training to perform specific tasks related to their owner's disability. Under the Americans with Disabilities Act (ADA), service animals are allowed to accompany their owners in most public places, including rental properties, regardless of pet policies.
Tenants with service animals do not need to pay pet fees or deposits. The primary role of a service animal is to assist their owner in daily tasks, improving their independence and quality of life.
Emotional Support Animals
Emotional support animals provide comfort and emotional stability to individuals with mental health issues such as anxiety, depression, or PTSD. Unlike service animals, ESAs do not require specialized training to perform specific tasks.
For landlords, it's important to recognize that the Fair Housing Act (FHA) covers ESAs. This means that tenants with ESAs can live in housing that has a "no pets" policy without paying extra pet fees. However, tenants must provide a prescription or letter from a licensed mental health professional stating that the animal is necessary for their emotional well-being.
ESAs should be well-behaved in public and at home, ensuring they do not cause disruptions or damage to the property. While ESAs are not allowed the same public access rights as service animals, their presence in a rental property is protected by law.
Pets
Pets are animals kept for companionship and enjoyment. They do not provide specific services or emotional support tied to a disability, although they can have a positive impact on their owner's well-being.
Pets are subject to standard pet policies in rental properties, including pet deposits, fees, and restrictions on breed or size. Pets do not have the same legal protections as service animals or ESAs. Their access to rental properties is limited to those that are pet-friendly.
Tenants with pets must follow the property's pet policy, including any requirements for basic obedience training and care. Landlords should ensure that their pet policies are clear and included in the lease agreement to avoid any misunderstandings.
Understanding Service Animal Laws in Properties
For landlords and tenants, understanding the differences between service animals, emotional support animals, and pets is crucial. Recognizing these distinctions helps ensure that the rights of tenants with disabilities are respected and that landlords can manage their properties effectively.
To learn more, don't hesitate to contact PMI Eagle, a leading full-service property management company in Clarkesville, TN. Click here to get in touch.
