Service animals play an important role in assisting people with disabilities. As a landlord in Columbus, Ohio, it is essential to understand the rights and responsibilities associated with accommodating service animals.

This article will provide valuable insights into service animal regulations, the distinction between service animals and pets, the process for adding a service animal to a lease, and more.

Let’s dive in!

What is Considered a Service Animal Versus a Pet?

Before delving into the specifics, it is crucial to differentiate between a service animal and a pet. According to the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or sometimes a miniature horse) that has been individually trained to perform tasks related to a person's disability.

Service animals undergo extensive training to assist people with disabilities in various ways. These tasks can include guiding those who are visually impaired, alerting those who are deaf to sounds, pulling wheelchairs, retrieving items, providing balance support, and even detecting the onset of medical conditions such as seizures or diabetic emergencies.

These highly trained animals are not only capable of performing specific tasks but also possess the ability to remain calm and focused in various environments. They are trained to ignore distractions and remain attentive to their handler's needs, ensuring their safety and well-being.

On the other hand, pets are animals kept for companionship or enjoyment without any specialized training. While pets can provide emotional support and enhance their owners’ quality of life, they do not possess the same level of training and skills as service animals.

Service animals are not considered pets under the ADA and are therefore granted legal protections and accommodations to ensure that people with disabilities have equal access to public places, transportation, housing, and employment opportunities.

The ADA only recognizes dogs and miniature horses as service animals. While other animals may provide emotional support, they do not qualify as service animals under the ADA's definition.

Can a Landlord Refuse a Service Animal?

Under the ADA, landlords cannot refuse to rent to a resident with a disability solely because they have a service animal. This is to ensure that people with disabilities have equal access to housing and are not discriminated against. That means your resident screening practices must be entirely equitable.

However, there are some exceptions to this rule. While landlords are generally required to allow service animals, they may deny one if it poses a direct threat to the health or safety of others. For example, if a service animal has a history of aggressive behavior or has caused harm to others in the past, the landlord may have valid grounds to deny tenancy.

Another exception is if the service animal would cause substantial damage to the property. Landlords have the right to protect their property from significant damage that may be caused by an animal; however, minor wear and tear, such as scratches on the floor or walls, are generally considered normal and cannot be used as a reason to deny a service animal.

Additionally, if the service animal is not housebroken, the landlord may refuse tenancy. This is because an animal that is not properly trained to use the bathroom outside or in a designated area can cause unsanitary conditions and inconvenience to other residents.

It is important for landlords to carefully consider their reasons for denying a service animal and to ensure that they are not violating any fair housing laws or discriminating against people with disabilities. Landlords should engage in an interactive process with the resident to determine if there are any reasonable accommodations they can make to allow the service animal while addressing any concerns or issues that may arise.

Additional Service Animal Requirements

While landlords cannot deny access to a service animal, they can request certain documentation to verify its legitimacy. The ADA restricts landlords from asking about the resident’s disability but allows them to inquire about the service animal's specific tasks and training.

Additionally, landlords can request proof that the animal is trained, vaccinated, and licensed in compliance with local regulations. It is important for landlords to familiarize themselves with state and local requirements.

What Documentation is Needed for a Service Animal?

Landlords typically require documentation, such as a letter from a healthcare professional or a certificate from an accredited training program, to validate that the animal is indeed a service animal. However, residents are not legally obligated to provide documentation, and landlords should be cautious not to infringe upon their rights.

How Should Residents Submit Documentation for a Service Animal?

When a resident requests to have a service animal in their rental unit, they should submit documentation to the landlord that includes information about their disability and confirms that the animal is necessary to perform specific tasks related to that disability.

Residents should ensure that their documentation is clear and concise, providing details about the service animal's training and any certifications it holds. It is recommended to communicate with the landlord early in the process to understand their specific requirements.

When Can a Service Animal be Added to a Lease?

Once the landlord receives the necessary documentation from the resident, they should promptly review it to determine whether the animal qualifies as a service animal. If the documentation is sufficient and meets all the legal requirements, the landlord should allow the service animal to be added to the lease.

It is important for the landlord to update the lease agreement to reflect the presence of the service animal and ensure that it is properly documented. This will help protect both the landlord's and the resident’s rights.

Final Thoughts

As a landlord in Columbus, Ohio, understanding and following the regulations surrounding service animals is crucial. While landlords cannot refuse accommodation to people with disabilities and their service animals, certain exceptions exist, such as instances where the animal poses a threat or causes significant damage. It is essential to request appropriate documentation to validate the legitimacy and training of a service animal while respecting the privacy and rights of the resident. By familiarizing yourself with the laws and adopting a proactive approach, you can ensure a harmonious living environment for all residents.

Looking for a Columbus property management company to assist with all the above? Contact our local team today!