According to Share America, there are at least 500,000 service dogs in the US. Understanding the difference between an emotional support animal vs. service animal is essential for landlords in San Diego. This knowledge will help you comply with local laws and regulations, which can be particularly nuanced in this area.
In this guide, we'll explore the differences between emotional support animals and service animals. Keep reading to find out why this matters for landlords renting properties in San Diego.
Emotional Support Animals (ESAs)
ESAs provide emotional support and companionship to persons with mental health disabilities. Emotional support animals do not receive training to perform tasks. They are typically used to provide comfort and ease symptoms of:
- Anxiety
- Depression
- Other emotional disorders
ESAs are safeguarded under the Fair Housing Act (FHA). This act allows individuals with disabilities to request reasonable accommodations, including keeping their ESA in rental properties that have a "no pets" policy.
Landlords are required to make reasonable accommodations for ESAs. These may include waiving pet fees or allowing the animal to reside in the rental property, even if pets are typically prohibited.
Service Animals
Service animals are trained and prepared to carry out specific tasks that can assist individuals with disabilities. These tasks may include:
- Guiding individuals with visual impairments
- Alerting individuals with hearing impairments to sounds
- Providing mobility assistance
- Retrieving items such as keys, phones, or medication
- Opening doors or drawers
- Turning lights on or off
- Alerting to conditions such as seizures or low blood sugar levels
Service animals are specifically protected by the Americans with Disabilities Act (ADA laws). This protection gives individuals with disabilities the right to take their service animal to all public areas. This extends to rental properties as well.
Unlike ESAs, service animals are not considered pets. Therefore landlords cannot charge pet fees. Neither can they impose pet-related restrictions on individuals with service animals.
Why It Matters for San Diego Landlords
Familiarizing yourself with ESA laws, including the FHA, is essential for landlords in San Diego. Failure to follow these laws could result in legal consequences, including fines or lawsuits.
Knowing the difference between ESAs and service animals can help landlords develop a clear and compliant pet policy.
These policies should include the rules for verifying ESA or service animal requests. It should also reflect how tenants will be informed about their rights and responsibilities.
The FHA restricts any discrimination against individuals with disabilities. This restriction includes those individuals who need ESAs or service animals. Landlords must ensure that their rental practices keep to fair housing laws and that they do not discriminate against tenants based on their disability status.
Difference Between Emotional Support Animal vs. Service Animal
Understanding the distinctions between an emotional support animal vs. service animal is essential for landlords in San Diego. This knowledge will ensure compliance with relevant laws and regulations.
Income Property Advisors, Inc. is an experienced property management company. We understand your concerns and know how to approach the question of pets in rental properties. Contact us today to discuss your needs in this regard.
