In Toledo, Ohio, as in many other parts of the country, there are specific rules and regulations in place to protect the rights of individuals with disabilities. One of those protections is the allowance of service animals in rental properties. As a landlord, it is important to understand the guidelines and requirements surrounding service animals to ensure compliance with the law and provide equal access to all residents. This article will provide an overview on service animals and what landlords need to know about them in Toledo.
What is Considered a Service Animal Versus a Pet?
It is important for landlords to understand the distinction between service animals and pets. According to the Americans with Disabilities Act (ADA), a service animal is defined as a dog (and in some cases, a miniature horse) trained to perform specific tasks that mitigate the effects of a person's disability. These tasks can include guiding individuals who are visually impaired, alerting individuals who are deaf, or assisting mobility impaired individuals in their daily lives.
Service animals undergo rigorous training to perform their tasks effectively. They are trained to remain calm and focused in various environments, including crowded spaces and noisy settings. This training is crucial to ensure that the service animal can assist their handler in any situation they may encounter. Additionally, service animals are taught to ignore distractions and remain attentive to their handler's needs at all times.
On the other hand, pets are animals that provide companionship and are not trained to perform specific tasks related to a disability. It is important to remember that emotional support animals, while providing support to individuals with mental health conditions, do not qualify as service animals under the ADA.
Can a Landlord Refuse a Service Animal?
As a landlord in Toledo, you may wonder whether you have the right to refuse a service animal. The answer is generally no. Under the ADA and Fair Housing Act (FHA), landlords are required to make reasonable accommodations for individuals with disabilities, including allowing service animals in their rental properties. This means that you cannot deny a tenant with a disability housing solely because they have a service animal. Furthermore, landlords cannot charge a pet deposit or pet rent for service animals. Since service animals are not considered pets, they are exempt from these fees.
There are a few exceptions to this rule. If the service animal poses a direct threat to the health or safety of others, or if the animal's presence would result in substantial physical damage to the property, you may be able to deny accommodation. However, these exceptions are limited and require a thorough assessment of the individual situation. It is always advisable to seek legal guidance before denying a service animal.
Additional Service Animal Requirements
While landlords in Toledo cannot refuse a service animal, there are still certain requirements that need to be met. For instance, the tenant is responsible for ensuring that their service animal is well-behaved and under control at all times. If the animal causes damage to the property or poses a safety risk to others, the landlord may have grounds to request its removal.
Additionally, landlords can require tenants to provide documentation that verifies the need for a service animal. However, it is crucial to be cautious in requesting such documentation. Under the ADA, landlords are not allowed to ask for specific details about the individual's disability. Instead, they can only ask for documentation from a healthcare professional that confirms the person has a disability and requires the use of a service animal. This documentation should be kept confidential and securely stored.
How Should Residents Submit Documentation for a Service Animal?
When it comes to submitting documentation for a service animal, landlords can establish a process to ensure compliance. The preferred method is to provide tenants with a form to be completed by their healthcare professional. The form should specify the type of disability and the need for a service animal without delving into the specifics of the person's condition. The completed form should then be submitted to the landlord for review and kept on file.
If a tenant's service animal is already present in the rental property prior to submitting the documentation, it is advisable to be flexible and allow them reasonable time to provide the required paperwork. However, it is essential to communicate with the tenant and set clear deadlines to avoid any misunderstandings or potential conflicts.
When Can a Service Animal be Added to a Lease?
Service animals can be added to a lease agreement at any time, whether it's during the initial lease signing or at any point during the tenancy. If a tenant acquires a service animal after moving in, they can request to modify the lease agreement to include the animal. It is good practice to have an addendum prepared or consult with legal professionals to ensure accurate documentation.
Final Thoughts
In conclusion, understanding the rules and regulations surrounding service animals is of great importance for landlords in Toledo. While the law requires reasonable accommodations for individuals with disabilities, landlords have the right to enforce certain requirements, such as well-behaved animals and proper documentation. By following these guidelines, landlords can provide equal opportunities for all residents while protecting their properties and maintaining a safe living environment.
Looking for a property management company in Toledo to assist with disability accommodation and other tenant related matters? Reach out to our local team to learn more about our services!
