Service animals play an important role in assisting people with disabilities in their daily activities. As a landlord in Detroit, Michigan, you need to understand the regulations and guidelines related to this topic.
This article will tell you everything you need to know about service animals and how they are handled in rental properties. Let’s dive in!
What is Considered a Service Animal Versus a Pet?
A service animal is trained to perform specific tasks or provide assistance to people with disabilities. These tasks can range from guiding people who are visually impaired to alerting those who are hard of hearing. On the other hand, pets provide companionship and emotional support but do not have the same level of training as service animals.
Service animals undergo extensive training to develop the necessary skills to assist their owners. For example, guide dogs for the blind are trained to navigate obstacles, stop at curbs, and avoid potential hazards. They are taught to follow commands and provide a sense of security and independence to their visually impaired handlers.
Similarly, hearing dogs are trained to recognize and alert their deaf handlers to important sounds such as doorbells, fire alarms, or approaching vehicles. These skilled animals are able to differentiate between various sounds and respond accordingly, ensuring the safety and well-being of their handlers.
Service animals can also be trained to assist those with mobility impairments. These animals are trained to retrieve objects, open doors, or pull wheelchairs. Their strength, intelligence, and dedication make them invaluable companions for those who rely on their assistance to perform daily tasks and maintain their independence.
Service animals are not limited to dogs. While dogs are the most common type, other animals such as miniature horses can also be trained to provide assistance. These horses are highly intelligent, easily trainable, and possess the physical capabilities to perform tasks such as pulling wheelchairs or guiding people with visual impairments.
While pets can bring immense happiness to their owners, they do not possess the same level of training and skills as service animals. Service animals undergo rigorous training to ensure they can perform their tasks reliably and safely. Their training is tailored to meet the specific needs of their handlers, allowing them to live more independently and participate fully in society.
Can a Landlord Refuse a Service Animal?
According to the Fair Housing Act (FHA) and Michigan state law, landlords must provide reasonable accommodation to people with disabilities, which includes allowing them to have a service animal. Refusing to accommodate someone with a service animal can result in legal consequences and penalties. That means your resident screening practices must be fair and equitable.
Understanding the rights and responsibilities of landlords when it comes to service animals is crucial in maintaining a fair and inclusive rental environment. Service animals play a vital role in assisting those with disabilities, providing them with the necessary support and independence to navigate their daily lives.
A service animal is not considered a pet but rather an assistance animal. While landlords have the right to establish pet policies and regulations, these rules do not apply to service animals. Service animals are not subject to pet fees, breed restrictions, or weight limitations that may be imposed on other pets.
When a resident requests to have a service animal in their rental unit, landlords are legally obligated to grant the reasonable accommodation unless it poses an undue burden on the landlord or fundamentally alters the nature of the housing provider's services. It is essential to engage in an interactive process with the resident to determine the specific needs and requirements related to the service animal.
Furthermore, landlords cannot ask for detailed information about the resident’s disability or demand proof of the service animal's training or certification. However, they can request documentation stating that the resident has a disability and that the service animal is necessary to assist with it.
Landlords are not responsible for the care or supervision of the service animal. The resident remains fully responsible for the behavior and well-being of their service animal, including any damages caused by the animal. However, landlords can still hold residents accountable for any damages caused by the service animal, just as they would for any other resident-caused damages.
Additionally, landlords need to be aware that emotional support animals (ESAs) are not considered service animals under the FHA. While ESAs provide therapeutic benefits to people with psychiatric disabilities, they are subject to different rules and regulations. Landlords may have different policies regarding ESAs.
How Should Residents Submit Documentation for a Service Animal?
If a resident wishes to have a service animal in their rental property, they must follow the proper procedure for submitting documentation. They should provide the necessary documentation to the landlord or property management company in a timely manner. This will help ensure that any accommodations needed for the service animal can be arranged efficiently.
When Can a Service Animal be Added to a Lease?
A service animal can be added to a lease at any time, given that the resident has provided the required documentation. If a resident acquires a service animal after signing the lease, they should promptly notify the landlord and provide the necessary documentation. The landlord should then update the lease agreement to include the service animal.
Final Thoughts
In Detroit, Michigan, landlords must be aware of the regulations surrounding service animals. While landlords cannot deny accommodation to people with service animals, there are still requirements that need to be met. Verifying documentation and ensuring the resident's compliance with property guidelines are essential steps in providing a successful partnership between landlords, residents, and service animals.
Looking for a Detroit property management company to assist with all the above? Contact our local team today!