Difference Between Service Animals, Emotional Support Animals and Pets
Understanding the differences between service animals, emotional support animals (ESAs), and pets is crucial. These distinctions impact your rights and responsibilities as a property owner. Here’s a complete guide to help you navigate this hard area.
1. What is a Service Animal?
Service animals are service dogs trained to perform specific work or task 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.
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 know as assistance animals. Some of the purpose 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. Americans with Disabilities Act (ADA) allows people with disabilities access to their service animals. This means that service animals are allowed in all public areas. This includes 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. Although, 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 serve 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.
What is the Difference Between Emotional Support Animal and 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.
Fair Housing Act (FHA)
ESAs are protected under the Fair Housing Acts 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 still applies to department of housing under the 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
Similar to service animals, you can't charge pet fees, pet rent or pet deposits for ESAs. Though pet owners (tenant with pets) are liable for any damage caused by the animal. The Department of housing mandate that you make provisions for ESAs. Accommodate ESAs by making reasonable adjustments to your policies and property.
3. What are Pets?
Pets are animals kept for companionship and personal pleasure. They do not perform work or task related to a person with a disability. Pets also do not carry out task for emotional support.
Legal Protections for Pets
Pets do not have the legal protections under federal law that service animals and ESAs have. 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 need to 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.
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 common areas are clean and safe for all tenants.
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 any form of 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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