Q: Am I obligated to rent to a tenant with a service dog despite no-dog policy?
I live in Pennsylvania and own a condominium where I have a personal no-dog policy, though the HOA has no restrictions on pets. A prospective tenant has provided documentation that their dog is a service animal related to their disability. Am I obligated to rent to this tenant despite my no-dog policy?
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A:
Yes, under the Fair Housing Act (FHA), you are legally obligated to make reasonable accommodations for people with disabilities, which includes allowing service animals regardless of your no-dog policy. Service animals are not considered "pets" under the law, but rather necessary assistance for a person with a disability.
The documentation provided by your prospective tenant establishes their need for the service animal, and refusing to rent to them based on their service dog would likely constitute disability discrimination. While you can request verification that the animal is indeed a service animal related to a disability, once verified, you must allow it. You may still hold the tenant responsible for any damage caused by the animal beyond normal wear and tear.
Your personal preferences unfortunately do not override federal fair housing laws in this situation. I recommend documenting the accommodation request and your approval to protect yourself legally. While this may feel frustrating, remember that service animals perform essential functions for people with disabilities, allowing them to live independently. I suggest consulting with a housing attorney in Pennsylvania for guidance specific to your situation.
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