Counsel’s Corner ~ Screening Support and Service Animals

Small Dog Landlords are required to comply with the Fair Housing Act (FHA) and the American with Disabilities Act (ADA). One area of the law that causes a lot of confusion is the difference between emotional support animals and service animals. Not to mention, how to comply with the law when an applicant requests an exception be made to an owner’s no-pets policy for an emotional support animal. For example, in June 2019, a California apartment community settled a complaint alleging the landlord wrongfully denied a family’s request for an exception to its no-pets policy for a child’s emotional support cat. The settlement included payment of $32,500 to the family, together with agreements to implement a new reasonable accommodations policy, training, and reporting requirements.

As an added service to our owners, Southern employs an independent third-party agency to screen service and support emotional support animals and service animals. This additional third-party review and assessment of the animal’s qualifications help to reduce liability and provides confidence to all parties (including the applicants) that all appropriate steps have been taken to comply with the laws governing requests for accommodation of service/support animals. Learn more about our screening process and contact us for any additional questions!

Categories: Blog Property Management

Tags: Counsel's Corner Emotional Support Animals July 2019 Service Animals