You should know the contrasts between service animals, emotional support animals (ESAs), and pets, this is crucial. These distinctions impact your rights and responsibilities as a property owner. Here’s a complete guide to help you steer this hard area. But before that, you might want to know why you need to understand this difference as a house owner.
Why You Should Know The Difference Between Service Animals, Emotional Support Animals and Pets
Landlords must know the difference between service animals, emotional support animals (ESAs), and pets. Each has different rights and rules.
1. Legal Needs: All these animals have different legal needs. You will treat them the same way if you don't know these. This can land you in trouble. For instance, a service animal is protected by the ADA, ESA has part covering and pets have none.
You need to know the dos and don'ts so you can stay out of legal troubles and be fair.
2. Avoid Discrimination Claims: You can get in trouble for bias when you deny a service animal or ESA. When you know the laws, you can follow fair housing regulations and avoid fines.
3. Fees and Deposits: Service Animals and ESAs can’t charge pet fees or deposits for these animals. But tenants can still be held liable for any damage caused by them. You need to know how to go about all this.
4. Clear Rules for Tenants: When you know the difference, you can clearly explain your policies to tenants. This will ensure that an individual with a disability gets the accommodations they are entitled to under the law.
5. Protect the Property: Service animals and ESAs are individually trained to assist with a tenant’s needs. Landlords can’t deny them based on noise or damage. Pets however can be confined or banned if they pose a risk to the property.
1. What is a Service Animal?
Service animals are service dogs trained to perform specific work or tasks for people with disabilities. In some cases, miniature horses also serve the same purpose. If you have seen a dog leading a blind man, then you must have seen a service animal. A service dog is trained to do work or perform tasks, specific task for an individual with a disability
What is the Purpose of a Service Animal?
The purpose of service animals is to support persons with a disability. These animals are specially trained to support disabled persons. They are also known as assistance animals. Some of the purposes of assistance animals are;
- They guide visually impaired people. An example is a service dog
- They alert persons with hearing impairments
- They assist in pulling wheelchairs
- They detect seizures, etc.
Americans with Disabilities Act (ADA)
Service Animals (assistance animals) are excluded from most animal restriction laws and federal laws in America. However, the Americans with Disabilities Act (ADA) allows people with disabilities to access their service animals. This means that service animals are allowed in all public areas, including rental properties, in spite of the pet policies in place.
The FHA requires landlords to permit service animals even if their property has a “no pets” policy.
Verification for Service Animals
Verifying service animals requires minimal documentation. The tenant can be asked if the animal is needed because of a disability. You can also ask what tasks the animal is trained to perform. But you cannot ask for documentation of the disability or the animal’s training.
Your Responsibilities to Service Animals in Your Rental Property
According to the Department of Housing, you cannot charge pet fees or pet deposits for service animals. However, the pet owner (tenant with pet} can be held accountable for any damage caused by their animals. You must make sure the property is accessible and serves the needs of tenants with service animals.
2. What are Emotional Support Animals (ESAs)?
Emotional support animals are animals with no special training. They provide support for people who have mental or emotional challenges. Emotional Support Animals do not go through training to perform any distinct work or task.
Emotional Support Dogs Are Not Psychiatric Service Dogs
Emotional Support Dogs and Psychiatric Service Dogs can help people with mental health issues, but they are not the same. An emotional support dog gives comfort just by being there. These dogs help people feel less lonely, anxious, or sad. They don’t need special training and don’t perform specific tasks.
For example, an emotional support dog might sit with someone when they feel upset to help them calm down.
What is a Psychiatric Service Dog?
A psychiatric service dog is trained to do specific jobs to help someone with a mental health disability. They work like other service dogs but focus on mental health.
For example, a psychiatric service dog might wake someone from a nightmare or remind them to take their medicine. The law protects Psychiatric service dogs and can go almost anywhere, like stores, restaurants, or air travel.
The Key Difference Between Emotional Support Animals and Psychiatric Service Animals
The biggest difference is their training. Emotional support dogs don’t have special training. While Psychiatric service dogs are trained to do specific tasks for their owner. Both are important, but they have different roles and rules.
Fair Housing Act (FHA)
ESAs are protected under the Fair Housing Act (FHA). This means landlords must provide suitable housing for them. This includes properties with a “no pets” policy.
ESAs used to have broader travel rights under the Air Carrier Access Act. But recent changes have reduced these protections. However, the FHA applies to the Department of Housing under federal law.
Verification for ESAs
ESAs may require more documents. Tenants must provide a letter from a licensed mental health professional. The letter should state that the person has a disability and the ESA provides the needed support.
Your Responsibility To ESAs
Like service animals, you can't charge pet fees, pet rent, or pet deposits for ESAs. Though pet owners (tenants with pets) are liable for any damage caused by the animal. The Department of Housing mandates that you make provisions for ESAs. Accommodate ESAs by making reasonable adjustments to your policies and property.
What is the Difference Between an Emotional Support Animal and a Service Animal?
Emotional Support Animals and Service Animals both provide support to their owner. Their major difference is in the kind of support they provide. Service Animals give support to physically disabled people. Emotional Support Animals ESAs give support to mentally and emotionally disabled people.
Key Difference Between Service Dogs and ESA
Service Dog
- Training: They are specially trained to do tasks for a person with a disability.
- Purpose: They help people with physical or mental disabilities. e.g., they guide the blind, alert them to seizures, or assist those with PTSD).
- Legal Protection: They are covered under the Americans with Disabilities Act (ADA).
- Public Access: They are allowed in most public places like restaurants, stores, and airplanes.
- Species: They are usually dogs (sometimes miniature horses).
- Tasks: They Perform specific, trained tasks related to the person’s disability.
ESA
- Training: They don't have special training.
- Purpose: They provide comfort and emotional support for people with mental health conditions like anxiety or depression.
- Legal Protection: They are not covered under the ADA. But they may have housing and air travel protections under the Fair Housing Act (FHA) or other rules.
- Public Access: They are not allowed in most public places where pets are not allowed.
- Species: These can be various animals, not just dogs.
- Tasks: They do not perform specific tasks; they help emotional well-being.
3. What are Pets?
Pets are animals kept for companionship and personal pleasure. They do not perform work or tasks related to a person with a disability. They also do not carry out tasks for emotional support.
Legal Protections for Pets
Pets do not have the legal protections under federal law that service animals and ESAs do. Landlords can enforce their pet policies with pets and pet owners. This includes constraints on the types, sizes, and breeds of pets.
Verification for Pets
Landlords can ask for pet applications and references. You can ask for details about the pet’s breed, size, and health status. The house owner also has the will to decide on the pet policies he chooses to put in place.
Your Responsibilities to Pets
You can charge pet rent or fees, pet deposits, and additional rent for pet owners. Ensure these charges comply with local and federal laws. Enforce clear pet policies on behavior, noise, and cleanliness. Mandate tenants with pets to adhere to these rules to maintain a peaceful living environment.
Best Practices for Landlords
For a landlord to rightly enforce policies and manage animal rights, you must know and enforce the best practices. Below are some of the best practices for landlords. You can find more of this with the Department of Housing. (Also read 10 Real Estate Asset Management Best Practices for Landlords)
Create a Clear Policies
Have clear, written policies for service animals, Emotional Support Animals, and pets. Include these policies in your lease deal and tenant handbooks. Consistently apply your policies to avoid claims of bias.
(Also read; Navigating Animal Policy in Rental Properties)
Educate Your Staff
Make sure your property management staff understands the legal distinctions and requirements for service animals, ESAs, and pets. Keep them updated on any changes in federal law, state law or local laws on animals in rental properties.
Handle Requests Professionally
Respond promptly and professionally to requests for housing involving service animals and ESAs. Keep detailed records of all requests and your responses. Include any supporting documentation provided by tenants.
Maintain Property Standards
Conduct regular property inspections to ensure animals are not causing damage or creating health hazards. Address any property issues promptly and ensure all tenants' common areas are clean and safe.
Conclusion
Knowing the differences between service animals, emotional support animals, and pets is essential for landlords in North Alabama. More so to avoid any legal dispute or bias. By knowing the legal protections and responsibilities associated with each, you can create a welcoming and compliant rental environment.
Navigating the complexities of animal housing can pose some challenges to you. You can contact our property management team today if you need assistance in managing your rental property. We offer expert guidance and comprehensive services to ensure your property complies with all legal requirements.
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