Fair Housing Act & Service Dogs — Landlord Rules

The Fair Housing Act and Service Dogs

The Fair Housing Act (FHA) requires housing providers to make reasonable accommodations for individuals with disabilities. This includes allowing service dogs even in properties with no-pet policies. The law applies to most housing including apartments, condominiums, single-family homes, and most other residential properties.

Service Dogs Are Not Pets Under the FHA

Under the FHA, service dogs are considered assistance animals — not pets. This means that no-pet policies, breed restrictions, and size limits cannot be applied to service dogs. Landlords cannot charge pet deposits or monthly pet fees for a service dog.

What Landlords Can and Cannot Ask

A landlord may ask for documentation that establishes the need for a service dog if the disability is not obvious. However, they cannot ask about the nature or severity of the disability, require medical records, or demand professionally certified documentation. A reasonable accommodation request with basic supporting information is sufficient.

The Request Process

To formally request accommodation for a service dog, submit a written request to your landlord or property manager. Include a brief explanation that you have a disability and that your service dog assists with your disability-related needs. You do not need to disclose your specific diagnosis.

If Your Landlord Denies Your Service Dog

If a landlord denies your reasonable accommodation request without a legitimate reason, this may constitute housing discrimination under the FHA. You can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or contact a local fair housing organization for assistance.

HOA and Condo Association Rules

Homeowners associations (HOAs) and condo associations are also subject to the FHA and must make reasonable accommodations for service dogs — even if their governing documents prohibit pets. The FHA supersedes association rules.