Maya Chen
Guide dogs are assistance animals that aid people with disabilities. They are trained to perform tasks such as guiding individuals with impaired vision, alerting individuals with impaired hearing, providing protection, and pulling wheelchairs. People with disabilities have legal rights to own guide dogs and live with them in rented properties. Landlords are required by law to make reasonable accommodations for tenants with disabilities and their guide dogs, even if they have a `no pets` policy. However, tenants are still liable for any damage caused by their guide dogs. Applying for a guide dog involves an extensive process, including interviews, home visits, and classes to ensure the dog is a good match for the applicant's needs, temperament, and environment.
| Characteristics | Values |
|---|---|
| Landlord's right to deny tenancy to a person with a guide dog | Landlords cannot refuse to rent to someone who uses a service dog |
| Landlord's right to impose additional charges for a guide dog | Tenants with guide dogs cannot be charged extra |
| Landlord's liability for damage caused by a guide dog | The tenant is liable for any damage caused by their guide dog |
| Landlord's right to impose regulations on the presence of guide dogs | Landlords can include reasonable regulations in the lease or rental agreement |
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What You'll Learn
Landlords cannot refuse tenants with guide dogs
Service animals are not considered pets but are instead working companions, similar to medical devices that aid the disabled. They are defined as dogs (and in some cases, miniature horses) that are individually trained to perform tasks for the benefit of an individual with a disability. This includes guiding individuals with impaired vision, alerting those with impaired hearing, providing protection, pulling a wheelchair, or fetching dropped items.
Landlords may have legitimate concerns regarding property damage, liability, and insurance coverage when it comes to allowing pets on their property. However, they must still comply with federal, state, and municipal laws regarding assistance animals. Landlords can set terms in lease or rental agreements to reasonably regulate the presence of guide dogs and are not required to pay an extra charge or security deposit for them. Additionally, tenants are liable for any damage caused by their service animals.
While landlords cannot deny tenants the right to legitimate service animals, they can refuse certain companion animals if they present undue hardship or expense. For example, if an insurance company raises rates or drops coverage for specific dog breeds considered aggressive, landlords may need to refuse those breeds to maintain insurance coverage.
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Guide dogs are not considered pets
Federal law in the United States requires landlords to prevent discrimination against disabled tenants and make reasonable accommodations. This means that even if a rental property has a "no pets" policy, tenants with disabilities are allowed to have their service animals or emotional support animals. Landlords cannot charge extra fees or deposits for service animals and must waive any pet-related charges.
However, it is important to note that emotional support animals, comfort animals, and therapy dogs are not considered service animals under Title II and Title III of the ADA. Only animals that have been specifically trained to perform tasks directly related to an individual's disability qualify as service animals.
In the case of guide dogs, they are considered service animals under the ADA and are protected by the Fair Housing Act. This means that landlords cannot deny housing to individuals who are blind or visually impaired because they require the assistance of a guide dog. Guide dogs are legally recognised as working companions that aid individuals with disabilities, and therefore, they are not subject to the same restrictions as pets.
While guide dogs are generally allowed in rental properties, landlords can still establish reasonable terms in lease or rental agreements to regulate the presence of guide dogs. Additionally, individuals are liable for any damage caused by their guide dogs and may be charged accordingly.
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Tenants are responsible for any damage caused by their guide dogs
In the United States, the Fair Housing Act ensures that tenants are allowed to have their service animals, including guide dogs, even if the landlord has a "no pets" policy in place. This means that landlords are legally required to make accommodations for disabled tenants.
However, while service dogs are not considered pets, tenants are still responsible for any damage caused by their guide dogs. This is outlined in the Guide Dog Access Information, which states that tenants shall be liable for any damage done to the premises or facilities by their dog. This is in line with the general understanding that tenants are responsible for their pets and their behaviour.
In some cases, landlords can be held responsible for their tenant's pets, particularly if they are aware of the risk and do nothing to rectify the situation. For example, if a landlord knows that a tenant's dog has previously attacked someone or shown aggressive behaviour, and they continue to allow the dog on their property, they could be held liable if the dog injures someone. This is because the landlord has a duty to protect others from a known dangerous animal.
It is important to note that the specific laws and regulations regarding service animals and guide dogs may vary depending on the state and local laws. While federal law protects the rights of disabled individuals to have service animals, there may be additional state or local laws that further define the responsibilities of tenants and landlords in these situations.
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Guide dog schools assess applicants' suitability
Following the submission of the application, an instructor from the guide dog school typically conducts an interview with the applicant. This interview may be conducted in person or over the telephone, with a request for a short video of the applicant's independent travel in their home area. The interview stage enables the instructor to assess the applicant's suitability further and gain insights into their motivation, emotional stability, and capacity to handle the stress of training with a guide dog.
Guide dog schools may also consult with the applicant's medical and personal references to seek advice and evaluate the applicant's potential for success in the program. This step involves contacting the applicant's physicians, eye doctors, and, in some cases, orientation and mobility specialists to gather expert opinions on the applicant's physical, mental, and emotional capabilities.
Throughout the assessment process, guide dog schools continually evaluate the applicant's suitability, ensuring that they possess the necessary physical, mental, and emotional capabilities to handle the demands of training and working with a guide dog. This includes the ability to walk one to two miles a day, receive and implement instructions, and provide a realistic plan for utilising the guide dog in their daily routine.
Finally, guide dog schools consider the applicant's economic and educational background. While financial capacity is assessed as part of the initial application, guide dog schools also evaluate whether applicants can financially provide for the necessary food and medical care for a guide dog on an ongoing basis. Additionally, guide dog schools do not discriminate based on race, colour, national or ethnic origin, religion, gender, sexual orientation, age, disability, or marital status.
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Guide dog training is free
In most countries, guide dogs are considered to be working companions and not pets. This means that, by federal law, landlords cannot discriminate against disabled tenants and must make accommodations for them. In other words, tenants are allowed to have their service animals, even if their landlord has a "no pets" policy in place.
It is important to note that, while guide dog training is free, there may be costs associated with owning and caring for a guide dog. For example, applicants for guide dogs may be asked about their financial ability to provide necessary food and medical care for the dog. Additionally, while landlords cannot charge an extra fee or security deposit for guide dogs, the tenant is liable for any damage caused by their dog.
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Frequently asked questions
No, landlords cannot refuse to rent to someone who uses a service dog. The Fair Housing Act requires landlords to make "reasonable accommodations" for tenants with disabilities, and allowing a service animal can be considered a reasonable accommodation. Service animals are not considered pets but are instead considered working companions similar to medical devices.
Landlords with a "no pets" policy may still be required to grant an exception and allow tenants with disabilities to keep a service animal in the rental property.
You may contact HUD and other governing offices that deal with topics of disabilities and discrimination against the disabled.
