Pets and Assistance Animals in Rentals: What Landlords Can Require

A landlord can usually set pet rules, but federal fair housing law treats assistance animals differently from pets. The difference affects fees, deposits and breed limits.

Pets vs. assistance animals

Under the Fair Housing Act, an assistance animal helps a person with a disability and is not considered a pet. This includes service animals, and in housing it can also include emotional support animals that provide support related to a disability. Landlords generally must make reasonable accommodations to their "no pets" rules for these animals.

What a landlord can and cannot do

• Cannot charge pet rent or a pet deposit for an assistance animal, though a tenant can be charged for actual damage.
• Cannot apply breed or weight limits to an assistance animal in most cases.
• Can ask for reliable information about the disability-related need when it is not obvious.
• Can deny an animal that poses a direct threat or would cause substantial damage that cannot be reduced by other means.
• Cannot demand a specific form or certificate from an online registry. Registries are not required by law.

If you have a pet

Landlords can generally require pet deposits or pet rent, limit the number or type of pets and require vaccinations or renter's insurance, as long as local law allows it. Get pet permissions and fees in writing in your lease.

If a request is denied

1. Ask for the reason in writing.
2. Provide documentation from a licensed professional who knows your situation, if asked.
3. Contact your state or local fair housing agency or file a complaint with the U.S. Department of Housing and Urban Development (HUD).
4. Talk to a tenant or fair housing legal aid organization.

Frequently asked questions