Can I Have a Service Animal in My Apartment? What You Need to Know

Domesticated animals make great companions. For generations, people have understood the calming feeling a beloved pet can bring. But animals can also serve as more than just a pet. They can do jobs for people with a wide range of disabilities. Not only can dogs serve as a guide for the blind, but they can also assist people with autism and alert people of an impending medical episode. Unfortunately, the rules about assistance animals are often misunderstood, which can lead to discrimination. 

NHLA’s Fair Housing Project has encountered a number of cases where people faced roadblocks in securing or maintaining housing because they live with a service animal or emotional support animal. A blanket prohibition on pets is meant to protect the landlord’s investment; pets are seen as messy and likely to cause damage. However, landlords are required to grant exemptions from these policies for tenants with disabilities who require assistance animals.

These policies can include:

• No pets allowed.

• No dogs allowed.

• Only small dogs, below a certain weight, allowed.

Federal law requires landlords to make reasonable accommodations for people with disabilities who have assistance animals. Very few rental properties are exempt from this law, such as buildings with four or fewer units where the landlord lives in one of the units.

What is an assistance animal?

Under the Fair Housing Act, an assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. For example, this could include alerting a person with diabetes when their blood sugar is low or providing emotional support to someone with depression.

How do I ask my landlord for an exception to the no-pets policy for my assistance animal?

Begin by making the request in writing, asking for a reasonable accommodation to allow the pet in your home. Explain that you have a disability and why the accommodation is needed for your care. Include documentation from a doctor, social worker, psychiatrist, or other provider explaining that you need this animal.

You are not required to include specifics about your type of disability or medical history. You also do not need to show proof of certification that your assistance animal has been trained. If the request is granted, the landlord cannot ask for an additional deposit.

 As a tenant with an assistance animal, you are expected to maintain the home and clean up after your pet as well as repair damage caused by your pet.

If you have an assistance animal and have been denied housing for that reason, you may be a victim of housing discrimination. For more information, contact the NHLA Fair Housing Project at fairhousing-nh.org.

 Disclaimer: The work of NHLA’s Fair Housing Project is supported by funding under grants with the U.S. Department of Housing and Urban Development. NHLA is solely responsible for the accuracy of the statements and interpretations contained herein. Such interpretations do not necessarily reflect the views of the Federal Government.