Compliance with disability regulations is an important consideration for landlords in Orlando. One aspect of accommodating tenants with disabilities is understanding policies regarding service animals. As a landlord, it is crucial to understand the difference between a service animal and a pet, as well as the rights and responsibilities associated with accommodating service animals. This article will provide a comprehensive overview of service animals and cover the essential information that landlords need to know in order to comply with the law and provide a safe and inclusive environment for all residents.
What is Considered a Service Animal Versus a Pet?
Before discussing the specifics of accommodating service animals, it is critical to understand the distinction between a service animal and a pet. According to the Americans with Disabilities Act (ADA), a service animal is a dog (or in some cases, a miniature horse) that is individually trained to perform tasks or provide assistance to a person with a disability. These tasks can include but are not limited to guiding individuals with visual impairments, alerting individuals with hearing impairments, or providing support for individuals with mobility impairments.
In contrast, pets are considered animals that offer companionship and emotional support but do not possess the same level of training or specialized skills as service animals. It is important to note that emotional support animals (ESAs) are not considered service animals under the ADA, and different rules may apply when it comes to accommodating ESAs.
Service animals undergo rigorous training to perform specific tasks that mitigate the effects of their handler's disability. This training is tailored to the individual needs of the handler and is often extensive, requiring hours of practice and reinforcement. Service animals must demonstrate impeccable behavior in various environments, remaining calm and focused even in challenging situations.
Can a Landlord Refuse a Service Animal?
The Fair Housing Act (FHA) and ADA mandate that landlords cannot deny accommodation for service animals. These animals are not classified as pets but rather as working animals that provide assistance to individuals with disabilities. Therefore, individuals with disabilities have the legal right to have their service animals accompany them in all areas of the premises where residents are typically allowed to go.
It is also important to note that service animals cannot be subject to pet fees or deposits, because service animals are by legal definition not pets. However, if the service animal causes damage beyond normal wear and tear, the tenant may still be held responsible for the cost of repairs.
There are limited exceptions where refusal may be permissible. One such circumstance is if the presence of the service animal poses a direct threat to the health or safety of others within the property. In such cases, the landlord may have grounds to deny accommodation for the service animal. Additionally, if the service animal is likely to cause significant property damage that would not be covered by the tenant's liability insurance, the landlord may also be able to refuse accommodation.
Additional Service Animal Requirements
Service animals do not require any specific certification or identification. However, landlords can ask residents for documentation that verifies the need for a service animal and proof that the animal has been trained to perform tasks that are directly related to the individual's disability.
It is important to note that landlords may not ask for documentation such as medical records or inquire about the nature of the individual's disability. The landlord must respect the tenant’s right to privacy and ensure that any documentation is kept confidential.
How Should Residents Submit Documentation for a Service Animal?
When it comes to submitting documentation for a service animal, landlords should create a clear and straightforward process to streamline the accommodation request. This can include providing residents with a designated form to complete, requesting a letter from a healthcare professional or trainer, or accepting documentation through email or mail.
It is crucial to ensure that the documentation review process is conducted promptly and professionally. Landlords should respect the privacy of residents and keep all medical records and documentation confidential. A property management company can be a useful resource for landlords looking to create a streamlined process for submitting documentation.
When Can a Service Animal be Added to a Lease?
Service animals can be added to the lease at any point during the tenancy. Once a tenant provides the necessary documentation, landlords should promptly review it and make a decision regarding the service animal accommodation request. If the documentation demonstrates that the tenant has a disability and requires a service animal, the landlord should allow the animal to be added to the lease agreement. This ensures that all parties are aware of the animal's presence and the rules and regulations associated with it.
Final Thoughts
In conclusion, understanding how to accommodate service animals is essential for landlords in Orlando. By familiarizing themselves with the distinction between service animals and pets, knowing the limitations on refusing service animals, and establishing clear policies and procedures, landlords can create an inclusive environment for people with disabilities while ensuring the safety and well-being of all residents.
Looking for a property management company in Orlando to assist with disability accommodation and more? Reach out to our local team to learn more about our services!
