As a responsible pet owner, it can be difficult to find an apartment that allows pets. Thankfully, a new pet law has been implemented, which will make it easier for apartment renters to find a pet-friendly place to live.

In this article, we will discuss what apartment renters should know about the new pet law.

What is the new pet law?

The new pet law is an amendment to the Fair Housing Act, which was passed in 1968. The amendment allows tenants to keep emotional support animals and service animals in their apartments, even if the apartment complex has a no pets policy.

This means that tenants cannot be denied housing because of their pet, and they cannot be charged a pet deposit or fee, as these animals are not considered pets under the law.

What is an emotional support animal?

An emotional support animal is a companion animal that provides therapeutic benefit to an individual with a mental or psychiatric disability. These animals do not have any specific training, and they do not perform any tasks.

Instead, their presence provides emotional support and comfort to their owner.

What is a service animal?

A service animal is a type of assistance animal that is trained to perform specific tasks for an individual with a disability.

These tasks can include things like guiding a visually impaired individual, alerting a deaf individual to sounds, and retrieving items for an individual with mobility issues.

What are the requirements for having an emotional support animal in an apartment?

To qualify for an emotional support animal, the tenant must have a diagnosed mental or psychiatric disability and a verifiable prescription from a mental health professional.

The animal must also provide therapeutic benefit to the tenant, and the tenant must be able to care for the animal’s basic needs.

What are the requirements for having a service animal in an apartment?

To qualify for a service animal, the tenant must have a disability as defined by the Americans with Disabilities Act (ADA). The animal must also be trained to perform specific tasks that mitigate the tenant’s disability.

The tenant is not required to have a prescription from a mental health professional to have a service animal.

What are the landlord’s responsibilities under the new pet law?

Under the new pet law, landlords are required to make a reasonable accommodation for tenants with emotional support animals or service animals.

This means that they cannot deny the tenant housing because of their animal, and they cannot charge them a pet deposit or fee. However, landlords can still require that the animal is well-behaved and does not cause damage to the property.

Can landlords ask for proof of disability or verification of the animal?

Yes, landlords can ask for proof of disability or verification of the animal. For emotional support animals, the tenant must provide a written prescription from a mental health professional.

For service animals, the tenant can be asked to provide documentation that the animal is trained and performs specific tasks for the tenant’s disability.

Can landlords deny an emotional support animal or service animal?

Landlords can only deny an emotional support animal or service animal if it poses a direct threat to the safety or health of others, or if it would cause significant property damage.

If the animal is denied, the landlord must provide a written explanation of why the animal was denied.

Can landlords evict a tenant for having an emotional support animal or service animal?

No, landlords cannot evict a tenant for having an emotional support animal or service animal. Doing so would be considered discrimination under the Fair Housing Act.

However, if the tenant’s animal is causing significant damage to the property or posing a direct threat to the safety or health of others, the landlord may be able to evict the tenant.

Conclusion

The new pet law is a game-changer for apartment renters with emotional support animals or service animals.

By providing reasonable accommodations for these animals, tenants can find a pet-friendly place to live without worrying about discrimination or extra fees. As long as tenants follow the guidelines outlined in the new law, both they and their animals can live happily in their new homes.