Service animals play an important role in the lives of many individuals with disabilities. For landlords in Tucson, it is crucial to understand the laws and regulations surrounding service animals to ensure equal access and avoid discrimination. This article aims to provide landlords with a comprehensive guide on service animals in Tucson.

What is Considered a Service Animal Versus a Pet?

First and foremost, it is important to distinguish between a service animal and a pet. According to the Americans with Disabilities Act (ADA), a service animal is defined as a dog (or sometimes miniature horse) that has been individually trained to perform tasks or do work for individuals with disabilities. On the other hand, pets are companions that are not specially trained and are not protected under the ADA as service animals are.

Service animals undergo rigorous training to assist individuals with various disabilities in their daily lives. These tasks can range from guiding individuals who are blind or visually impaired, alerting individuals who are deaf or hard of hearing to important sounds, pulling wheelchairs, or reminding individuals to take medication. 

Can a Landlord Refuse a Service Animal?

Landlords typically cannot refuse to rent to an individual with a service animal, as doing so would violate the ADA and the Fair Housing Act (FHA). It's important to note that service animals are not considered pets under the law. These animals play a crucial role in helping their owners navigate daily life and their presence in public spaces and housing is protected.

Landlords are also not allowed to charge additional pet fees or deposits for service animals. These fees are considered discriminatory and are not permitted under the FHA. Landlords must make reasonable accommodations for individuals with disabilities, which includes allowing them to have their service animals without imposing extra financial burdens. This ensures that individuals with disabilities have equal access to housing opportunities without facing unnecessary obstacles.

However, there are a few exceptions to this rule. If the service animal poses a direct threat to the health or safety of others or would cause substantial damage to the property, the landlord may be justified in refusing accommodation. Additionally, if the presence of the service animal would result in an undue financial burden on the landlord, it may be grounds for denial.

Additional Service Animal Requirements

While landlords cannot generally refuse a service animal, they can set certain requirements to uphold safety and cleanliness. These requirements ensure that the service animal is properly trained and poses no threat to others or the property. They may also require that the service animal be up to date on vaccinations and be in good health to prevent any potential health risks to other tenants or property damage.

Additionally, landlords may request documentation confirming that an individual has a disability as well as information about the specific tasks the service animal has been trained to perform in order to assist the individual with their disability. This information helps landlords understand the necessity of the service animal and how it contributes to the individual's ability to function independently. It is important for landlords to respect the privacy of the tenant and ensure that any information they provide is kept confidential.

How Should Residents Submit Documentation for a Service Animal?

Residents who require a service animal should be informed of the process for submitting documentation. Landlords can provide a designated form or request a letter from a healthcare professional confirming the need for a service animal. It is important to handle this documentation with sensitivity and confidentiality, as it contains personal medical information.

Note that a property management company can be a useful resource for streamlining the process of gathering documentation and ensuring compliance with privacy statutes.

When Can a Service Animal be Added to a Lease?

A service animal can be added to a lease agreement at any time, even if the resident did not initially have a service animal when signing the lease. Once the tenant has submitted the required documentation confirming the need for a service animal, the landlord should revise the lease to reflect the situation. It is a good idea to include an addendum regarding any responsibilities that the tenant has in terms of vaccinations, cleanliness, or behavior.

Final Thoughts

As a landlord in Tucson, understanding the rules regarding service animals is essential. Knowing the difference between a service animal and a pet, being aware of the potential exceptions, and setting reasonable requirements are all crucial steps to navigating the topic of service animals in rental properties. By staying knowledgeable and informed, landlords can ensure compliance with federal law and provide appropriate accommodation to individuals with disabilities.

Looking for a property management company in Tucson to assist with disability accommodations and other tenant related matters? Reach out to our local team to learn more about our services!