Did you know that emotional support animals can be covered by some of the same protections as trained service animals? Many landlords fall into the trap of thinking that emotional support animals (ESAs) are mere pets. They aren't, and landlords must be prepared to accommodate tenants with support animals.
Understanding how the different categories of animals work can help you set policies that protect your rights and comply with the law. Keep reading this guide to learn more about Reno's housing laws for animals.
Distinguishing Pets and Service Animals in Housing Contexts
There's a stark legal difference between service animals and pets. To count as a service animal, the animal needs specialized training to assist its owner with a particular disability or ailment.
Service animals assist with practical tasks such as navigation, grabbing things, and alerting people nearby of an emergency. On the other hand, pets exist almost exclusively for their owners' enjoyment (and, in some cases, protection or pest control).
This distinction is vital because rental housing and private businesses can set policies banning pets. No one can ban service animals or their owners from entering premises or renting. To do so would be a violation of anti-discrimination laws.
Service Animals vs Emotional Support Animals
Emotional support animals are often seen as pets, but that's not what they are to their owners or in the eyes of federal law. ESAs are untrained animals that help their owners cope with the emotional stress of severe trauma or disability.
ESAs can be protected by the same laws as service animals in the right circumstances. In Reno, private businesses can still stop people from bringing support animals in.
However, landlords must accommodate ESAs like any other service animal. There's also no theoretical limit to the number of ESAs a person can have. The only limit is that the size and number of ESAs must be "reasonable," meaning one animal in most cases.
Your Rights as a Landlord
Many landlords worry that some people will use emotional support animal laws to get around pet policies. Thankfully, the laws do have some protections against misuse.
First, landlords may request an ESA letter during tenant screening. You can't compel a person to give you their diagnosis, but ESA letters aren't privileged medical information. These letters attest that the person has a valid reason for needing an ESA.
Second, you can still hold tenants liable for property damage, even if the support animal causes the damage. The presence of an ESA does not change the tenant's responsibilities or the way you get to use the security deposit.
Managing Your Rental Unit(s) Like a Professional
Because of the Federal Fair Housing laws for animals, landlords have to treat emotional support animals like other service animals. Even though businesses may ban ESAs from entering, landlords may not reject tenants if they have a support animal.
However, landlords may still request a form of ESA certification during screening. This protects against people using the system to sneak pets past a no-pets policy. The usual rules relating to property damage and security deposits also still apply.
If you need help managing a support animal situation, PMI Diversified Properties is here for you. Contact us today for assistance backed by two decades of experience.
