Unlike regular pets, assistance animals provide essential help, from performing tasks to offering emotional comfort. Because of this important role, the Fair Housing Act (FHA) protects the right of people with disabilities to live with their assistance animals, even in places with "no pets" policies.

Service Versus Assistance Animals: What's the Difference?

• Service Animals: Are animals trained to perform specific tasks to help people with disabilities, like seeing-eye dogs or dogs trained to help people with mobility issues.

• Assistance Animals/Emotional Support Animals (ESAs): Don't require any kind of special training, and they can be any type of animal that provides comfort and emotional support.

Who is Protected by the Fair Housing Act?

The Fair Housing Act covers most housing situations, including public housing, rentals, and even some types of student housing. However, there are exclusions, such as owner-occupied buildings with no more than four units.

So, How Can the Fair Housing Act Help Me?

If your housing condition falls under FHA protection, then housing providers must make reasonable accommodations for assistance animals. This means they can't reject occupancy to someone with a disability because of an assistance animal. People with disabilities will only need to provide documentation from a healthcare professional to show their need for the animal. 

Note, a housing provider can only deny the request if it would cause a significant burden or change the way they run their business; otherwise: 

• Assistance animals are not subject to breed, size, or weight restrictions, which differentiates them from standard pet policies.

• Service animals are specifically trained to perform tasks, while assistance or emotional support animals do not require training to provide support.

• A healthcare provider's letter is sufficient to classify an animal as an assistance or emotional support animal.

• Housing providers must accommodate assistance animals unless doing so would cause undue financial/administrative burdens or fundamentally alter operations.

• Landlords cannot charge pet fees for assistance animals but may require a security deposit and seek compensation for any damage caused by the animal.

What To Do if Your Request is Denied?

Assistance animals play a vital role in the lives of people with disabilities. The Fair Housing Act helps ensure that people with disabilities can have the support they need to live independently. If a housing provider denies your request for an assistance animal, please get in touch with us for help.