According to the AVMA, there are between 83 and 88 million dogs and 60 and 61 million cats in the U.S. alone. Families keep them as "animal companions" or pets.
While pets can benefit their owners in many ways, they don't classify as service or support animals. As a landlord in Portsmouth, NH, you must know how these three terms differ. Otherwise, you risk breaking service and emotional support animal housing laws.
Our Cardinal Point Property Management guide to animal classifications will point you in the right direction, so please read on.
Service Animals
Service animals have undergone specialized training. Most are dogs; per Caplin News, there are about 500,000 service dogs nationwide.
Service animals perform tasks for their owners or handlers with health conditions and disabilities, including:
- Physical
- Psychiatric
- Sensory
- Developmental
Some examples of service animals are guide dogs (e.g., seeing and hearing dogs) and medical alert dogs. Considering their roles, federal and state laws afford handlers and service animals legal rights.
The Americans With Disabilities Act (ADA)
The ADA is a federal law that considers service animals as working animals, not pets. According to ADA.gov, covered entities must provide "reasonable modifications" to accommodate people with service animals.
Examples of covered entities are:
- State and local government agencies
- Businesses and non-profits providing goods and services to the public
- Entities with "no-pet policies"
Under the ADA, those entities must allow service animals and their handlers access to the premises.
The Fair Housing Act (FHA)
A NOLO guide states that the federal FHA and New Hampshire service animal law prohibits rental housing providers from discriminating against people with service dogs.
So, as a landlord in Portsmouth, NH, you must always consider applications of prospective tenants with service animals. If you have a no-pet policy, you can't apply it to these applicants. You can't include pet-related fees like "pet deposits" or "pet rents" as part of the lease agreement, as service animals aren't pets.
Emotional Support Animals (ESAs)
ESAs don't have to undergo specific training to perform specific tasks. Instead, they provide companionship and comfort to their owners with emotional or psychiatric conditions or disabilities.
As the NOLO guide points out, the ADA and New Hampshire service animal law don't apply to ESAs. However, the federal FHA does. So, as part of your legal landlord responsibilities, you must consider applications from people with ESAs.
Pets or Animal Companions
While pets provide companionship and emotional support, they don't automatically classify as ESAs.
No federal or state law covers regular pets. So, as a landlord, you'll have more flexibility when creating Portsmouth rental regulations for them. For example, you can charge a pet fee/rent and require tenants to have pet insurance.
You can implement a no-pet policy, but it can limit your tenant pool. A pet-friendly policy can encourage more applicants and tenant retention through lease renewals.
Stay Compliant
Now that you know how pets, service animals, and emotional support animals differ, it's time to review your Portsmouth rental policies to ensure they comply with regulations.
Better yet, consider partnering with Cardinal Point Property Management. With over three decades of combined experience in full-service property management, we can help make your rentals more profitable and ensure they comply with all federal, state, and local laws.
Call us today, and we'll happily give you a free property consultation!
