In Austin, Texas, landlords have certain obligations and responsibilities when it comes to service animals. Whether you are a new landlord or have been in the business for a while, it is important to understand the guidelines and regulations surrounding service animals to avoid potential legal issues.
This article will provide you with all the information you need to know about service animals in Austin, Texas.
Let’s dive in!
What is Considered a Service Animal Versus a Pet?
Before diving into the specifics, let’s distinguish between a service animal and a pet. According to the Americans with Disabilities Act (ADA), a service animal is an animal that is individually trained to perform tasks for a person with a disability. These tasks can include alerting the person to sounds, guiding the person in public spaces, and providing assistance with daily tasks.
Service animals go through extensive training to ensure they can perform their designated tasks. They are trained to respond to specific commands and cues from their handlers. These dogs’ rigorous training programs can last for several months or years, and can include obedience training, task-specific training, and socialization to ensure they can handle various situations and environments.
Service animals play a vital role in the lives of people with disabilities. They provide not only physical assistance but also emotional support and companionship. These animals are highly trained to meet the specific needs of their handlers, making their daily lives more manageable and enhancing their independence.
On the other hand, a pet is considered any non-service animal kept for companionship or emotional support. Pets such as cats, rabbits, birds, or reptiles are not trained to perform specific tasks for people with disabilities. Instead, they are primarily kept for the emotional benefits they provide to their owners.
Emotional support animals, while providing emotional comfort to their owners, are not considered service animals under the ADA. They do not undergo the same level of training as service animals or have the same legal rights and protections.
Can a Landlord Refuse a Service Animal?
The ADA prohibits discrimination against people with disabilities, including those who rely on service animals. That includes resident screening processes. Therefore, landlords cannot deny housing or impose extra fees or deposits on residents with service animals.
However, there are certain situations in which a landlord may have valid reasons to deny a service animal, including situations where the animal poses a direct threat to the health and safety of others or causes significant damage to the property. Landlords must carefully evaluate each case to ensure they are complying with the law.
Additional Service Animal Requirements
While landlords cannot deny a service animal, there are additional requirements that must be met. For instance, the service animal must be under control and not pose a threat to others. Additionally, residents are responsible for any damages caused by the service animal.
Landlords can also request certain information from the resident regarding the service animal. This may include documentation from a healthcare professional confirming the need for the animal or proof of the animal's training. However, landlords cannot ask for specific details about the resident's disability.
What Documentation is Needed for a Service Animal?
Typically, landlords can request a letter from a healthcare professional confirming the resident's disability and the need for a service animal. This letter should state that the resident has a disability that substantially limits one or more major life activities and that the service animal is necessary to assist with those activities.
How Should Residents Submit Documentation for a Service Animal?
Residents should submit their documentation for a service animal to their landlord in a timely manner. It is recommended that residents provide this documentation during the application process or as soon as the need for a service animal arises. This allows landlords to properly address any accommodation needs and comply with the law.
Once the documentation is submitted, landlords should review it and make a reasonable accommodation for the resident. This may include allowing the service animal on the premises or making necessary adjustments to accommodate the resident's disability.
When Can a Service Animal be Added to a Lease?
A service animal can be added to a lease at any point during the tenancy. If a resident acquires a service animal after signing the lease agreement, they are still entitled to reasonable accommodation. The landlord cannot refuse to add the service animal to the lease or charge additional fees.
However, it's important for landlords to have a clear policy in place regarding the addition of service animals to the lease. This policy should outline the procedure for residents to follow when requesting accommodations for a service animal and specify any documentation requirements.
Final Thoughts
Being aware of the rights and responsibilities surrounding service animals is crucial for landlords in Austin, Texas. While landlords cannot refuse a service animal based on a resident's disability, certain requirements must be met to ensure the safety and well-being of all residents. By understanding the guidelines and following the proper processes, landlords can provide appropriate accommodations and avoid legal issues.
Looking for an Austin property management company to assist with all the above? Contact our local team today!
