It is important for landlords to understand the rules and regulations surrounding service animals to ensure compliance with the law and provide appropriate accommodations for residents. This article will provide an overview of everything landlords need to know about service animals in Kansas City, Missouri. Let’s dive in!
What is Considered a Service Animal Versus a Pet?
Before discussing the rights and responsibilities of landlords regarding service animals, it is essential to understand the distinction between a service animal and a pet. According to the Americans with Disabilities Act (ADA), a service animal is a dog that is individually trained to perform tasks for a person with a disability. The tasks performed by the dog must be directly related to the person's disability.
Service animals are not just ordinary pets; they are highly trained to assist people with disabilities in various ways, including but not limited to:
Guiding people who are visually impaired
Alerting people who are deaf or hard of hearing to important sounds
Providing stability and balance for people with mobility impairments
Retrieving objects for people with limited mobility
Alerting people with epilepsy or diabetes to potential seizures or changes in blood sugar levels
These are just a few examples of the invaluable assistance service animals provide to their handlers. They undergo rigorous training to ensure they can perform these tasks reliably and safely.
While dogs are the most common type, miniature horses can also be considered service animals under certain circumstances. These exceptional animals possess the strength and intelligence to perform similar tasks as dogs, making them suitable for those with specific needs.
Emotional support animals and therapy animals are not considered service animals under the ADA. Emotional support animals provide comfort and companionship to people with psychiatric conditions, but they do not undergo the same extensive training as service animals. Therapy animals, on the other hand, are trained to provide affection and comfort to people in hospitals, nursing homes, and other therapeutic settings.
Understanding the distinction between service animals, emotional support animals, and therapy animals is crucial for landlords when considering their legal obligations and responsibilities.
Can a Landlord Refuse a Service Animal?
Landlords in Kansas City, Missouri, cannot refuse to rent to a resident or deny a resident's request to have a service animal. The Fair Housing Act (FHA) requires landlords to make reasonable accommodations for residents with disabilities, and this includes allowing them to have service animals in their rental properties. That means your resident screening processes must be completely fair and equitable.
Service animals play a crucial role in the lives of those with disabilities. These animals are specially trained to perform tasks that assist their owners in their daily activities. By allowing service animals in rental properties, landlords help to ensure that people with disabilities have equal access to housing opportunities.
However, landlords can still enforce certain rules regarding service animals to maintain a harmonious living environment for all residents. For example, a landlord can require the resident to keep the service animal under control and properly supervise it. This ensures that the animal does not pose a threat to other residents or cause any disturbances.
Additionally, if the service animal causes damage to the property beyond normal wear and tear, the landlord may hold the resident responsible for the cost of repairs. This is a reasonable expectation, as residents are generally responsible for any damages they or their guests cause to the rental property.
Additional Service Animal Requirements
While landlords cannot refuse or deny a service animal, there are some additional requirements they may ask residents to comply with. The landlord may ask the resident to provide documentation or evidence that the animal is indeed a service animal.
Furthermore, landlords may require that the service animal is up to date on vaccinations and properly licensed, as required by local laws and regulations. Landlords should familiarize themselves with the specific requirements in their area, as they may vary.
What Documentation is Needed for a Service Animal?
Landlords can request documentation that establishes the need for a service animal; however, they cannot ask for specific medical or disability-related details regarding the resident's condition.
The specific documentation required may vary, but generally, landlords can ask for proof that the animal is trained to perform tasks that assist with the resident's disability. This proof might include a letter from a healthcare professional confirming the need for a service animal.
How Should Residents Submit Documentation for a Service Animal?
When residents need to submit documentation for a service animal, it is best for landlords to establish a clear and organized process that respects the privacy and confidentiality of the resident's disability-related information.
residents can provide their documentation through a secure and confidential channel, such as email or certified mail. Landlords should keep this information confidential and make sure it is only accessible to authorized individuals involved in the accommodation process.
When Can a Service Animal be Added to a Lease?
A resident with a disability does not need to wait until the lease renewal period to add a service animal to the lease agreement; they can make the request at any time during their tenancy. It is the landlord's responsibility to promptly handle these requests and make the necessary accommodations.
Final Thoughts
As a landlord in Kansas City, Missouri, it is vital to understand the rules and regulations surrounding service animals. While landlords cannot refuse or deny a service animal, they can enforce certain rules and requirements, such as keeping the animal under control and holding the resident accountable for damages beyond normal wear and tear.
By familiarizing yourself with the specific requirements and maintaining clear communication with residents, you can ensure compliance with the law and provide appropriate accommodations for people with disabilities and their service animals in Kansas City, Missouri.
Looking for a Kansas City property management company to assist with all the above? Contact our local team today!
