Living with a disability often means relying on support systems that go beyond medication and people. Many individuals have taken a step further to support their health and overall well-being and welcomed a service dog into their lives.
Whether trained to detect seizures, alert to sounds in the environment, guide a visually impaired person, provide mobility support, or offer psychiatric support, service dogs provide invaluable aid for their handlers.
But what happens when someone with a service dog tries to rent an apartment? Can a landlord or property manager legally deny them housing?
Today we’ll explore the rights and responsibilities of both sides, service dog teams seeking accommodations and property managers, and we hope this information will help facilitate the process for everyone involved!
What Is a Service Dog?
A service dog is defined as a dog individually trained to perform specific tasks directly related to a person's disability. These tasks go beyond providing comfort or emotional support only.
They can include but are not limited to guiding a person with visual impairments, alerting an individual with hearing issues to important sounds in the environments, such as ringing phone, or doorbell, alarm clocks, etc., retrieving items such as medication or a phone, interrupting self-harming behaviors and grounding the handler during a dissociative episode, recognizing and alerting the handler to the onset of medical episodes, such as seizures or changes in the blood sugar level.
Service dogs are required to have impeccable manners in public and reliably respond to their handler’s cues regardless of the situation or surroundings. This is crucial for their ability to reliably perform their specific tasks, which often can be lifesaving.
Are Service Dogs Entitled to Housing?
Yes, they are. Service dogs are considered medical aid and not pets, hence ‘no pets’ policies of housing providers and landlords don’t apply to them.
Housing providers are required to offer reasonable accommodation for the handler and their service dog. Refusing to allow a person access to the premises due to the presence of a service dog will be considered a discriminatory practice and violation of their rights.
Legal Protection of Service Dogs in Housing
The Fair Housing Act (FHA)
While the Americans with Disabilities Act (ADA) protects the rights of service dogs in terms of public access, the Fair Housing Act (FHA) offers protection in the context of housing. Under the FHA, housing providers must provide “reasonable accommodations” for people with disabilities, including allowing service animals in housing that otherwise prohibits pets.
Actually, the protection under the FHA for individuals who rely on a support animal goes beyond service dogs. It also covers emotional support animals (ESAs) and the term used for both types of animals in housing context is ‘assistance animals’. The FHA says:
“An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.”
Housing providers cannot refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.”
However, individuals who wish to live with their support animal on the property, need to:
- Make a request to the housing provider;
- Present reliable disability-related information if their disability is not obvious as well as the type of support or specific tasks the animal performs.
This type of documentation typically refers to a medical letter issued by a licensed health professional. It serves as proof of the individual’s need for an emotional support animal or service dog.
Medical documentation serves as a recommendation by the licensed healthcare provider and doesn’t disclose personal information. If you’d like to learn more about medical letters for service dogs or emotional support animals, please read our articles:
How to Get a Psychiatric Service Dog Letter
How to Adopt an Emotional Support Animal
Equality Act of 2010
A key element of the Equality Act 2010 is its protection of access rights for people who rely on assistance dogs. Under this law, businesses and services, including restaurants, shops, hotels, and public transport, must allow assistance dogs and their handlers entry without placing obstacles in their way or charging additional fees.
However, the Act also extends to housing. Landlords and housing providers are required to permit individuals with disabilities to live with their assistance dogs, and ensure they have equal and fair access to accommodation without facing discrimination or restrictions because of their service animals.
Although the Equality Act 2010 lays out clear protections for individuals with assistance dogs, it also highlights the responsibilities of both handlers and service providers. This helps ensure respectful and accessible environment is created.
Handlers are expected to keep their assistance dogs well-trained, well-behaved, and under control at all times in public settings. Keeping the dog well-behaved helps avoid problems and makes sure the rights granted under the Act are respected.
On the other hand, service providers have a duty to understand the law and to welcome individuals with assistance dogs without hesitation or barriers. Being informed and correctly applying the Act’s requirements is crucial to prevent discrimination and ensure services remain inclusive and accessible to everyone.
Landlords and housing providers are legally obligated to make reasonable adjustments that allow tenants with trained assistance dogs to live comfortably and independently in their property. This may involve:
-Updating or removing any “no
pets” rules or clauses in the tenancy agreement that would unfairly
affect someone who relies on an assistance dog.
-Providing, where possible, a designated outdoor area where the dog can relieve themselves.
For more detailed information, visit the websites of the Assistance Dog Assessment Association (ADAA); and the Assistance Dogs UK (ADUK).
Canadian Provincial Laws
Federal legislation such as the Canadian Human Rights Act may offer indirect support through general protections against discrimination, but it does not explicitly cover housing for service dogs.
This is where provincial laws step in and ensure stronger protection of service dog teams in terms of housing. Below, we’ll list several of these laws.
British Columbia
The Guide Dog and Service Dog Act (the Act) outlines the process for certifying guide and service dogs, along with their handlers. This certification helps ensure public safety, promotes higher training standards, and strengthens both access rights and housing protections for certified teams.
"Certified guide and service dogs are not considered pets and are allowed to live in rental units".
The BC Human Rights Code helps protect people from discrimination and harassment. The province’s tenancy laws must also comply with Human Rights legislation. Housing providers are required to accommodate to the point of undue hardship those with a protected class under the Human Rights Code.
Nova Scotia
The Nova Scotia Service Dog Act protects people who use service dogs, and ensures they can access public places and live in rental housing without facing discrimination.
New Brunswick
In New Brunswick, the Human Rights Act protects the rights of individuals with disabilities, including those relying on service animals.
According to the Human Rights Commission: Guideline on Accommodating People
with Service Animals: “It is a violation of the Act for a housing provider (e.g. a landlord, building superintendent
or manager, building management corporation, or condominium corporation) to discriminate against a tenant or purchaser because that person relies on a service animal for a mental and/or physical disability”.
Newfoundland & Labrador
Human Rights Act 2010 (“the Act”) and the Service Animal Act 2012 protect the rights of service dog teams.
According to the Act: “Discrimination in housing against persons with disabilities who use service animals typically involves not renting to a person wholly or in part, because they use a service animal or in the case of a condominium complex, not permitting the person to live in their unit with their service animal.”
For more detailed information about accessibility rights of service dog teams in Canada, visit the Assistance Dogs International (ADI) website and the website of the Canadian Foundation for Animal-assisted Support Services
When Can a Landlord Deny a Service Dog?
While
it’s uncommon, there are specific situations in which a landlord
may legally deny a service dog. Let’s
take a closer look!
Direct
Safety Risk
A
landlord may deny access if a service dog poses an immediate risk to
the health and safety of others. This could include cases where a
dog has a history of aggressive behavior that threatens the safety of
other tenants or staff. It’s important to note that a one-time
minor incident is usually not sufficient grounds for denial—there
must be a demonstrated, ongoing risk.
Undue
Financial or Administrative Burden
Accommodating a service dog should generally not create a significant burden for landlords.
However, in rare cases, if providing reasonable accommodations would result in substantial financial costs or administrative challenges, a landlord may request additional information to justify this claim.
A landlord must have solid evidence if they claim that accommodating a service dog would be an undue burden, since the law generally requires them to provide reasonable accommodations under federal and state disability regulations.
Damage Caused by the Dog
Landlords
cannot impose pet deposits or fees solely because a tenant has a
service dog. However, tenants remain responsible for any property
damage the dog may
cause.
If a service dog damages the apartment, the landlord can require the
tenant to cover the cost of repairs, just as they would for damage
caused by the tenant or any other occupant. Regular wear and tear, of
course, cannot be charged to the tenant.
Even in situations where denial might be considered, landlords should explore reasonable accommodations and alternatives before refusing access. Federal laws such as the Fair Housing Act (FHA) provide strong protections for tenants with service animals, and
emphasize the need for landlords to work with tenants in good faith.
General Tips for Tenants with Service Dogs & Landlords
For
Tenants
Communicate Your Needs in Advance
Reach out to your landlord or property manager ahead of time and let them know you’ll be bringing a service dog. Proper communication in advance helps prevent misunderstandings and potential issues.
It also gives you time to prepare any documentation if required, as well as to discuss reasonable accommodations, clarify expectations, and ensure that your service dog will be welcomed without complications.
Explain the Dog’s Tasks
Tenants with service animals should be prepared to explain the tasks their dog has been trained to perform. Personal information about the specific condition or diagnosis may not be required.
However, describing what the service dog has been trained to do to assist the person in their daily life is needed.
Keep Supporting Documentation
Having a medical letter issued by a licensed healthcare provider can be extremely helpful, especially if the service dog performs tasks that are not immediately apparent.
This type of documentation does not disclose any personal information, it only serves as proof that the health professional issuing the letter is familiar with the individual's health condition and that a service dog is recommended as part of their treatment.
A
medical letter can be issued by healthcare providers such as
psychiatrists, psychologists, social workers, nurses, etc. It must be
on official letterhead, include the contact information and license
number of the health professional, and be signed and stamped by
them.
Ensure Your
Service Dog Is Well-behaved
Service dogs are
required to undergo specialized training, which goes beyond
performing specific tasks. Basic obedience and excellent manners in
public settings are also key parts
of the training process. They
help ensure the dog can reliably respond to their handler’s cues, regardless of the situation or surroundings, is safe to be around, and won’t cause disruption in the apartment building or shared spaces.
For
Landlords and Property Managers
Educate Yourself / Your Staff
It’s essential that everyone involved in managing your property understands the difference between service dogs and pets.
They are trained to perform specific tasks directly related to a person’s disability. Therefore, they are considered medical aid and not pets, and enjoy legal protection. Pets, on the other hand, do not have the same access rights.
Proper staff training helps prevent misunderstandings, ensures consistent treatment of tenants with service dogs, and reduces the risk of unintentional discrimination.
Respect
Tenants’ Privacy
Tenants with service dogs have the right to privacy regarding their disability. Landlords and staff should avoid asking intrusive questions about a tenant’s medical condition.
You may only inquire about the specific tasks the service dog is trained to perform and request medical documentation if it is reasonable and directly related to the accommodation.
Respecting
these boundaries helps minimize
conflict, and demonstrate compliance with service
dog laws.
Know
the Law
Familiarize yourself with local laws protecting the rights of service dog teams, as they outline both the rights and responsibilities of tenants with service animals and landlords.
Understanding the guidelines will help you handle requests correctly, provide reasonable accommodations, and avoid violations.
Staying informed can also protect your property from legal disputes and ensures that all tenants are treated fairly and respectfully.
