Own a rental Property? Here's what you should know about Service Animals and Emotional Support Animals under Federal and State Laws:
What is a Service Animal?
Definition: Trained to perform specific tasks for a person with a disability (e.g., guiding a person who is blind, alerting someone with epilepsy to a seizure). The ADA has a much broader definition of service animal, including any dog individually trained to perform tasks for a person with a physical or mental disability. This includes psychiatric service animals, hearing dogs, guide dogs (and miniature horses), seizure alert animals, and allergen alert animals. Public accommodations in Tennessee must comply with both state and federal law, so the ADA's definition is applicable.
Legal Coverage: Protected under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).
Access Rights: Can go into public places like housing accommodations, restaurants, stores, and airports.
Training: Must be individually trained to do work or perform tasks related to the person’s disability.
Type of Animal: Legally, only dogs (and sometimes miniature horses) can be service animals.
What is an Emotional Support Animal "ESA"?
Definition: Provide comfort or emotional support for mental health conditions (e.g., anxiety, PTSD), but are not trained to perform specific tasks.
Legal Coverage: Protected under the Fair Housing Act (FHA) only.
Access Rights: Do not have the right to enter public places where pets aren’t allowed — they’re only protected in housing situations.
Training: No special training required.
Type of Animal: Can be any animal — dogs, cats, birds, even rabbits — as long as they’re reasonable and supported by proper documentation.
Do I HAVE to allow a Service Animal?
Yes - Under the Fair Housing Act (FHA), Service Animals are requires that you allow certified service animals even if your rental doesn’t specifically allow pets. No additional fees or deposits can be charged to the tenant.
Do I HAVE to allow an Emotional Support Animal "ESA"?
Yes - Under the Fair Housing Act (FHA), ESAs are not considered pets — they are considered a reasonable accommodation for a person with an emotional disability. That means your “no pets” policy doesn’t apply to ESAs.
Can I Charge a Pet Deposit or Pet Rent?
No. Under Federal mandate, you are not allowed to add additional fees or deposits for Service Animals and ESAs.
Growing Popularity in ESA Designations
ESA designations have been a hot topic in the industry recently. While some tenants truly have a need for an emotional support animal, some landlords are frustrated with how easy it is to get an ESA designation online in seconds and believe renters have found a loophole to pay less fees and/or security deposits regardless of added risk for pet damages to the property.
When can I deny applications or remove ESAs?
The ESA poses a direct threat to the health or safety of others.
The ESA would cause significant damage to the property.
The request would cause undue financial or administrative burden.
The ESA request is not supported by a valid letter from a licensed healthcare provider.
Fair Housing Protection:
The FHA offers broader protection for individuals with disabilities in housing. It requires housing facilities to allow both service dogs and emotional support animals if they are necessary for a person with a disability to have an equal opportunity to use and enjoy their home. This federal law recognizes both types of animals for housing purposes, provided there is a disability and a disability-related need for the animal.
Can I request ESA documentation?
Yes, under the FHA, housing providers in Tennessee can ask for documentation of a person's disability and their need for a service animal or emotional support animal, but only if the disability or the need for the animal is not obvious. For example, a landlord could request documentation for an emotional support cat for a deaf individual, but not for a guide dog assisting a blind person.
When in doubt - seek legal advice:
This post is not intended to serve as legal advice. If you're experiencing an issue that could result in penalties or fines, it's probably time to speak with your attorney.
