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Your Rights as a Renter with a Service Animal

Disabled Oakland Renter in Wheelchair with Service DogIf you are an Oakland renter and possess a service or emotional support animal, you should be aware of your rights. Various renters are unaware that they can keep a service or emotional support animal in their rental homes, notwithstanding the property owner’s rules. This blog post will look at the laws that protect renters who have service or emotional support animals. We will also furnish tips on communicating with your property owner if there is an issue with keeping your service or emotional support animal in your home.

What is a service or emotional support animal, and what rights do you have under the law?

Service animals are defined as animals trained to perform tasks for people with disabilities. These tasks can include but are not limited to guiding people who are blind, raising awareness for people who are deaf, pulling a wheelchair, warning and safeguarding a person who is having a seizure, or relaxing a person with post-traumatic stress disorder.

An emotional support animal does not need to be trained to perform a specific service to provide benefits to its owners. Numerous companion animals can qualify as emotional support animals as long as you have a letter from your medical provider or therapist that specifies you need the animal.

Under the Americans with Disabilities Act (ADA), service animals are permissible in public places, including rental homes. Emotional support animals are not protected under the ADA but are allowed in rental homes, even if a landlord has a “no pet” policy. Service and emotional support animals are not recognized as pets under the law, and therefore, property owners cannot charge pet fees or deposits for them.

How to handle deposits, fees, and other costs associated with having a service or emotional support animal.

You are not required to pay any pet fees or deposits if you have a service or emotional support animal. However, you may be liable for damages caused by your animal. To give an example, if your animal chews on furniture or urinates on the flooring, or if you leave the animal’s waste to stain the floor, you will probably be charged for those repairs. You should have a conversation with your property owner about your service or emotional support animal before signing a lease. This will significantly minimize misunderstandings about your rights and responsibilities as a renter.

Some landlords may ask that you show proof of insurance for your service or emotional support animal. This is not required by law, but it is something you should be prepared to discuss with your Oakland property manager.

What to do if your landlord tries to evict you for having a service or emotional support animal.

Assume your landlord wants to evict you (or refuses to rent to you) for having a service or emotional support animal. Due to that, you may have grounds to file a complaint with the U.S. Department of Housing and Urban Development. The department’s Civil Rights Division enforces the Fair Housing Act, which disallows discrimination in housing based on disability.

You can also file a complaint with your state’s attorney general’s office or the human rights commission. These agencies may examine your complaint and take legal action against your landlord if they see that you have been discriminated against.

If you are encountering eviction because of your service or emotional support animal, it is best to seek legal help right away. An experienced attorney can help you know your rights and options under the law.

Resources for further information on renters’ rights and service or emotional support animals.

For more information on your rights as a renter, you can approach the U.S. Department of Housing and Urban Development (HUD). HUD enforces the Fair Housing Act and can investigate complaints of discrimination in housing.

You can also get more information on service and emotional support animals at the ADA National Network website. The ADA National Network is a good source of information and technical emotional support on the Americans with Disabilities Act.

 

By learning your privileges, you and your service or emotional support animal can have a happy life in your rental home. But if your landlord is impeding your rights, it might be time to move to a place managed by professionals who get the picture and follow the law. Browse our listings for service animal-friendly rental homes in your area.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.

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