The Fair Housing Act Explained for Assistance Animal Owners

The Fair Housing Act (FHA) is a federal law in the United States that prohibits discrimination against people who need a support animal for their physical or mental health. The FHA applies to landlords in all 50 states. Under the Fair Housing Act, if you need a service dog or an emotional support animal, your housing provider must let your animal live with you, even if they have a strict no-pets policy or no-pets lease provision. 

The FHA was enacted in 1968 with the intent to stop discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. The FHA applies to service dogs and ESAs because their owners have physical or psychiatric disabilities. In this guide, we’ll explain how the Fair Housing Act protects your rights as an assistance animal owner. 

Service Animals and Emotional Support Animals Under the FHA

The Fair Housing Act recognizes two types of assistance animals:

1. Service dogs:
   Dogs trained to perform specific tasks for people with qualifying disabilities.
2. Emotional Support Animals (ESA):
   Animals that provide comfort and support to individuals with mental or emotional disabilities. No special training is required. 

Under the FHA, both service animals and ESAs are considered assistance animals and afforded the same protections and accommodations in housing. Only service dogs, however, are protected under the Americans with Disabilities Act, which gives them even greater public access rights than ESAs. 

Fair Housing Rights for Assistance Animals

The FHA provides several important rights for individuals with disabilities who use assistance animals:

1. Allowance of Assistance Animals
   Housing providers must permit service animals and ESAs as a reasonable accommodation, even in “no pets” properties. Service dogs and ESAs are exempt even if your building has a strict no-pets rule, or your lease states no pets are allowed because they are not considered pets but assistance animals needed for physical and/or mental health support. 

2. No Additional Fees or Deposits
   Landlords cannot charge extra fees, deposits, or higher rent for assistance animals. The landlord also can’t charge an application fee for your animal. 

3. No Breed, Size, or Weight Restrictions
   The FHA overrides any breed, size, or weight limitations typically imposed on pets.

If you want to qualify for these rights as a service dog owner, you need to be able to answer two questions verbally from your landlord: 1. Is your dog a service dog required for a disability? and 2. What work or task has your dog been trained to perform? No documentation is needed for service dogs, although accessories like service dog ID cards can be helpful. For more information on qualifying for a service dog, check out our guide on service dog requirements. 

If you have an emotional support animal, you need to submit an ESA letter to your landlord. An ESA letter is a note signed by a licensed healthcare professional who believes you need an emotional support animal for your mental health. 

Housing Providers Subject to the Fair Housing Act

The FHA applies to a wide range of housing providers, including:

• Landlords and property managers
• Real estate companies
• Homeowners associations (HOAs)
• Co-Ops
• University Housing

Housing Providers Exempt from the Fair Housing Act

While the FHA’s reach is extensive, there are some limited exceptions:

• Owner-occupied buildings with no more than four units
• Single-family houses sold or rented by the owner without a real estate agent
• Housing operated by religious organizations and private clubs

If your housing provider is in one of these categories, they do not have a legal obligation to allow for your service dog or emotional support animal. 

How the Fair Housing Act is Enforced

The FHA is enforced in several ways against landlords: 

1. Administrative Complaints:
   Individuals can file complaints directly with the U.S. Department of Housing and Urban Development (HUD). HUD will then investigate the complaint and take legal action if necessary. 
2. DOJ Lawsuits:
   The Department of Justice may file lawsuits in cases of systemic discrimination.
3. Private Lawsuits:
   Individuals who have experienced discrimination can file private lawsuits in federal or state court. These lawsuits can result in monetary damages and orders requiring housing providers to change discriminatory practices.

Examples of Violations of the Fair Housing Act

Landlords that violate the Fair Housing Act can face legal action from the DOJ or HUD. In one case, a housing company faced a lawsuit for failing to provide reasonable accommodations for residents who required assistance animals. It was alleged that they imposed overly burdensome policies, including requiring residents to submit multiple forms, prohibiting certain breeds, and demanding medical records, which deterred individuals from requesting accommodations.

In another case, a tenant who needed an ESA for mental health purposes requested reasonable accommodation for a pit bull, a breed typically restricted by the housing provider. After the landlord denied the request, citing the dog’s breed, the tenant had to place the dog in a shelter, where it was later euthanized. The tenant filed a fair housing complaint, and the housing provider ultimately settled, agreeing to pay $35,000 in damages and implement policy changes.

In a recent federal lawsuit, a housing provider was alleged to have refused to allow a teenage boy with multiple disabilities to live with his emotional support dog. The boy’s mother claims that the housing provider’s actions violated the Fair Housing Act by denying reasonable accommodations. After the family was forced to separate from the dog, the boy’s mental health worsened. Eventually, after repeated requests, the dog was allowed to return, and HUD charged the housing provider with discrimination.

These cases demonstrate that failing to comply with Fair Housing obligations can have serious legal and financial consequences for landlords.