What Property Owners Need to Know About Pets, Assistance Animals, and Fair Housing
For real estate investors, deciding whether to allow pets in your rental property can impact everything from tenant pool size to potential returns. While it may feel safer to implement a no-pet policy, doing so can limit your lead volume and reduce the appeal of your property to a wide portion of prospective renters. That said, it’s also important to understand the clear legal difference between pets and assistance animals and how Fair Housing laws apply.
Why Allowing Pets Can Make Good Business Sense
Allowing pets in your rental property can significantly increase your pool of qualified applicants. According to industry data, over 60% of renters have pets, and pet-friendly listings typically:
- Receive more inquiries
- Lease faster
- Encourage longer tenancies, since pet owners tend to move less frequently
You can also offset potential risk by charging pet rent, deposits, or non-refundable pet fees all of which are allowed for traditional pets (not assistance animals). With clear pet policies, you can protect your property while tapping into a broader market of responsible renters.
Understanding the Difference: Assistance Animals Are Not Pets
While choosing whether to allow pets is entirely up to the property owner, assistance animals must be handled differently under federal Fair Housing laws.
Assistance animals are not considered pets. They are animals that provide support to individuals with disabilities, which may include emotional support animals (ESAs) or service animals. Under the Fair Housing Act (FHA), tenants with verified disabilities have the right to request a reasonable accommodation to keep an assistance animal even in a property that does not allow pets.
Our Process for ESA and Assistance Animal Requests
Our team is well-versed in Fair Housing compliance and follows a structured process to fairly and legally handle assistance animal requests:
- Tenant submits a request for a reasonable accommodation.
- We request reliable documentation from a licensed medical provider in Utah to verify both the disability (if not obvious) and the disability-related need for the animal.
- Once documentation is verified, we move forward with accepting the assistance animal and ensure the tenant understands their rights and responsibilities.
This approach ensures we stay compliant while creating a fair, inclusive living environment for all residents.
Important Legal Reminder: No Pet Fees or Deposits for Assistance Animals
Landlords cannot charge pet deposits, pet rent, or pet fees for assistance animals even if the animal might otherwise be considered a pet. Doing so can lead to Fair Housing violations, fines, or legal action. Assistance animals are viewed as a necessary accommodation for a disability, similar to installing a wheelchair ramp or grab bars in a bathroom.
Recommendations:
With the amount of people that have ESA animals, it can be a good strategic choice to accept pets because of these reasons:
Final Thoughts
Allowing pets in your rental property can be a strategic choice that improves leasing performance and boosts tenant satisfaction. At the same time, it’s critical to know and respect the legal boundaries around assistance animals. By understanding these distinctions and working with a property management team that prioritizes compliance, you can reduce risk while supporting a welcoming, responsible rental community.
Need help navigating pet policies or assistance animal requests? We’re here to help. Visit stgrentals.com or call 435-817-9898 today to discuss your property and how we can support your investment goals with confidence and compliance.