There are distinct differences between pets, service animals, and companion animals, and not understanding those differences can lead to huge legal mistakes and financial penalties. You need to know the laws that govern these animals, and what they mean for your Kansas City rental property.
Pets are completely up to you. While renting out a pet-friendly property is often advantageous to landlords because it leads to a lower vacancy period, you might not want the risk and potential property damage that can come with pets. It’s your decision whether or not you allow them.
Service animals and companion animals are a bit different. If an otherwise qualified tenant needs a service animal or a companion animal because of a disability, you are legally required to allow them.
Consider Offering a Pet-Friendly Rental Home
Let’s begin with the least complicated of the three: pets. You are under no legal obligation to allow pets into your rental home.
However, we think you should consider allowing pets. You’ll attract more tenants, reduce vacancy time, and even earn more rental income because you can charge a pet fee and a pet rent. Your liability can be reduced with a sound pet policy and routine inspections.
What you need to know about pets is that you always have a choice. This is not the case with service and companion animals.
Fair Housing Act and the ADA
Service and companion animals are governed by two specific federal laws: the Fair Housing Act and the Americans with Disabilities Act.
Both of these laws protect people with physical, emotional, and intellectual disabilities against discrimination, particularly when it comes to rental housing. According to these laws, you cannot deny a tenant the use of a service animal or a companion animal, which is most frequently an emotional support animal or a therapy animal.
You are legally required to allow these animals because they are accommodations, not pets. Think about it the same way you’d think about a wheelchair or a parking space that’s dedicated to people with disabilities.
Understanding Service Animals and Companion Animals
Service animals are designated as such. They are trained to help a person do a specific task. When your Kansas City tenant needs a service animal for a physical or intellectual disability, it’s usually obvious what that animal is needed for, and therefore you can’t ask for details or specifics. Asking a person with a vision impediment why they need a Seeing Eye Dog is illegal and also illogical.
However, companion animals are not trained or certified in any way. They do support and comfort the person who owns them, and they’re acquired at the direction of a healthcare professional. You can ask for documentation if the disability is not immediately apparent and your tenant is requesting an emotional support animal or a companion animal.
In these cases, you can ask your tenant for documentation from a medical professional explaining the disability and why the animal is required. You can also call and talk to the doctor or provider who prescribed the animal. Make sure you do this in a professional way and document your conversation.
When you allow pets in your property, you can charge a pet deposit or a pet fee. You can also charge extra rent every month and call it pet rent. These additional charges are not permitted when your tenant has a service or companion animal.
This can be a complex area for a lot of landlords and rental property owners. We are trained in all fair housing issues, and we stay up to date on the latest rules and legal interpretations. For help, please contact us Donley Carver Investment Properties. We lease, manage, and maintain investment properties in Kansas City as well as Liberty, Parkville, Gladstone, and communities North of the River.