The Difference Between Service, Emotional Support Animals and Pets

You just purchased your first investment property in the Jacksonville area. You're eager to secure tenants and start earning rental income, but there are a few things you need to learn first.

Respecting tenant rights is crucial when you're operating a rental. While some are guaranteed at the state or local level, others are protected by federal law.

Service animals and support animals fall under the latter category. We're here to explain what those designations mean and what federal laws have to say about them. Read on to learn more.

What Are Service and Support Animals?

A service animal is a dog that has been trained to provide a specific disability-related service, such as alerting owners to changes in blood sugar levels.

Emotional support animals don't undergo specific training, but they help to alleviate symptoms associated with mental health disorders.

Both fall under the category of assistance animals. The Department of Housing and Urban Development considers assistance animals to be a disability accommodation, as protected by the Fair Housing Act.

What Do Landlords Need to Know About Assistance Animals?

The FHA is a federal law that all landlords need to abide by. Because assistance animals are considered accommodations, landlords:

• Can't discriminate against applicants or tenants with service or support animals
• Charge a pet fee for service or support animals
• Place breed or size restrictions on service or support animals

You may ask for proof that a tenant requires assistance from their service or support animal. This may come in the form of a letter from the tenant's doctor. However, you can't ask follow-up questions about the tenant's disability itself.

Can Landlords Ever Say No to Assistance Animals?

What if you don't want assistance animals living in your rental property? The reality is that there isn't much you can (or should) do to prohibit service and support animals.

Under the FHA, landlords can decline to make reasonable accommodations for disabled tenants. However, they must prove that providing accommodations would put them at an extreme economic disadvantage. Because the owners are responsible for all animal-related expenses, this isn't the case for landlords.

How Do Pets Fit Into This Equation?

Assistance animals are not considered pets. Landlords have a lot more freedom when deciding whether to allow pets in their rental properties.

Allowing pets can widen your applicant pool significantly. However, you may want to put parameters in place, such as pet fees and restrictions. For example, you can keep property damage to a minimum by allowing only one or two pets per unit.

Get Legally Compliant Property Management With PMI River City

When you purchase a rental property, you purchase more than just a real estate investment. You're also committing to upholding tenant rights, including the right to service and support animals. Failure to comply can result in serious legal and financial liabilities.

At PMI River City, we understand that managing a property can be a complex and time-consuming task. We're familiar with every federal, state, and local law that applies to you and your tenants, so you can navigate these complexities and thrive here in Jacksonville. Partner with us to get high-quality, compliant property management!