Service animals are trained to perform specific tasks for a person with a disability, emotional support animals provide therapeutic comfort without specialized training, and pets are simply companion animals without legal protections for housing
Imagine a scenario where a tenant moves into your property accompanied by an animal.
As a landlord, it's crucial to understand the distinct categories of animals they might bring: service animals, emotional support animals, and pets. Each serves a different purpose and holds a different significance, impacting your obligations and rights as a landlord in Kansas City.
This guide aims to clarify these differences, helping both landlords and tenants coexist harmoniously.
What Is a Service Animal?
Service animals are defined under the Americans with Disabilities Act (ADA). They are specially trained to perform tasks for individuals with disabilities.
- Only dogs are recognized as service animals by the ADA
- Common tasks include guiding individuals who are blind, alerting those who are deaf, or assisting individuals with mobility issues.
- These animals must have training to help mitigate the person's disability.
Because of their crucial role, landlords must allow service animals, regardless of their pet policies. However, landlords can ask only two questions:
- Is the dog a service animal required due to a disability?
- What work or task has the dog been trained to perform?
What Are Emotional Support Animals?
Unlike service animals, emotionally supportive animals provide comfort but do not perform specific tasks. As such, they are not covered by the ADA. Therapy animals can include dogs, cats, or even other animals that provide necessary companionship to individuals coping with emotional issues.
Here are a few important points regarding emotional support animals:
- Tenant must provide documentation from a licensed mental health professional
- The emotional support animal does not require specialized training
- Landlords may charge a reasonable accommodation request to allow the animal
Documenting a tenant's need for an emotional support animal is essential, but it should be respected and taken seriously by landlords.
Pets vs. Service Animals and Emotional Support Animals
Pets are simply animals that provide companionship but do not provide any specific therapeutic or assistant functions. They can be owned by anyone, regardless of disability, and typically fall under the landlord's pet policy. As a landlord, here are key differences to keep in mind:
- Landlords can impose restrictions or fees for pets
- Unlike service and emotional support animals, pets do not have a right to be accommodated without regulation from the landlord
- Pets do not require documentation for tenancy
Creating Pet Policies for Your Rental Properties
It's essential to create clear policies regarding service animals, emotional support animals, and companion pets. Here are some best practices:
- Develop clear pet policies, including any fees or size restrictions
- Ensure that your policies adhere to local and state laws regarding emotional support and service animals
- Maintain open communication with tenants regarding their animals to avoid misunderstandings
Your Path Forward
Understanding the difference between service animals, emotional support animals, and pets is essential for Kansas City landlords, and partnering with a seasoned property management expert can make the rental process easier.
Hunter Property Management brings decades of hands-on experience and a family-focused management style, giving landlords peace of mind with expert guidance and reliable support for every stage of the rental process.
Reach out to us today!
