Zoe Alvarez
In Washington, renters with disabilities have the right to be accompanied by their service animal in places that are open to the public. This includes their rented home, which falls under the Fair Housing Act (FHA). The FHA states that emotional support animals (ESAs) will always be allowed to live with their handler free of charge, even if landlords don't allow pets. However, it's important to note that Washington state doesn't legally recognize ESAs, and there are no specific state laws offering additional protections or public access for them. Service animals, on the other hand, are recognized in Washington, and landlords cannot discriminate against tenants with disabilities who have a trained dog guide or service animal.
| Characteristics | Values |
|---|---|
| Service animal definition | Broadly defined as therapy, emotional support, companion animals, and more. |
| Service animal examples | Guide dogs, assistance animals, dog guides, hearing dogs |
| Landlord's rights | Can ask for verification of the tenant's disability-related need for the animal; can enforce a standard cleaning or damage deposit |
| Landlord restrictions | Cannot charge a pet deposit or restrict breed; cannot apply a "no-pet" policy to service animals |
| Tenant responsibilities | Responsible for the behavior and any damage caused by the service animal |
| Emotional support animal (ESA) | Not recognized by Washington state law or the Americans with Disabilities Act (ADA); may be allowed under the federal Fair Housing Act (FHA) with a letter from a licensed mental health professional |
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What You'll Learn
Landlords cannot refuse tenants with service dogs
In Washington State, landlords cannot refuse tenants with service dogs. Under the Washington Law Against Discrimination (WLAD) and the federal Americans with Disabilities Act (ADA), tenants with disabilities have the right to be accompanied by their service animals in places that are open to the public. This includes rental properties.
The ADA defines a service animal as a dog (or sometimes a miniature horse) that has been individually trained to perform tasks or work for the benefit of a person with a disability. Service animals may include guide dogs for the blind or visually impaired, hearing dogs that alert their handlers to important sounds, and emotional support animals that alleviate the emotional effects of a disability.
In Washington, service animals are broadly defined and include therapy, emotional support, and companion animals. Fair housing law requires reasonable accommodations, and a service animal falls into this category. Landlords cannot charge a pet deposit or restrict the breed of a tenant's service animal. However, tenants are responsible for the behaviour of their service animals and any damage they may cause to the property.
To request a reasonable accommodation for a service animal, tenants must provide verification of their disability-related need for the animal from a doctor or other qualified third party. Landlords can ask for this verification but cannot inquire specifically about the tenant's disability. By law, landlords must allow tenants with disabilities full enjoyment and access to their homes with their service animals.
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No pet policies do not apply to service animals
In Washington State, landlords cannot discriminate against tenants with disabilities and must reasonably accommodate them. A reasonable accommodation could include a service animal for a person with a disability.
"No pet" policies do not apply to service animals. Landlords must allow service animals into a person's dwelling, and they cannot charge a "pet fee" for this. Service animals are defined as dogs or miniature horses that have been trained to assist or accommodate people with disabilities, including physical, sensory, or mental disabilities.
The Fair Housing Act (FHA) differentiates between pets, emotional support animals, and service animals. Landlords must accept service animals, even if they do not usually allow pets, as long as the owner has a disability-related need for the animal. This could include a tenant with a mental disability who requires a service animal for emotional support. The FHA also states that landlords cannot charge a pet deposit for a service animal or restrict the breed of the animal.
It is important to note that tenants are responsible for the behavior of their service animal and any damage it may cause to the property. While service animals do not have to undergo specific training, they should be under the control of their owners, not create sanitary problems, and not make loud noises.
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Landlords cannot charge pet deposits for service animals
In Washington, landlords are prohibited from charging pet deposits for service animals or assistance animals. This is outlined in the federal Fair Housing Act (FHA) and Washington's law against discrimination (WLAD), which prohibits landlords from discriminating against tenants with disabilities who use service animals.
The FHA states that housing facilities must allow emotional support animals if they are necessary for the tenant to have an equal opportunity to use and enjoy their home. To qualify, the tenant must have a disability and a disability-related need for the animal, such as alleviating the emotional effects of the disability or performing tasks or services.
Similarly, under WLAD and the Americans with Disabilities Act (ADA), tenants with disabilities have the right to be accompanied by their service animals in places that are open to the public. The ADA specifically prohibits public accommodations from charging any additional fees for service animals.
In Seattle, Washington, service animals are broadly defined to include therapy, emotional support, and companion animals. "No pet" policies do not apply to service animals, and landlords cannot charge a pet deposit or restrict the breed of the tenant's service animal. However, tenants are responsible for the behaviour of their service animal and any damage it may cause to the property.
It's important to note that landlords can request verification of the tenant's disability-related need for the animal from a doctor or other qualified third party, but they cannot ask specifically about the disability. Landlords must also understand their duties and rights regarding pet ownership and keep their rental properties running smoothly and fairly for all parties involved.
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Service animals must be under the control of their owners
In Washington, landlords are prohibited from discriminating against tenants with disabilities who use a service animal. Service animals are broadly defined and include therapy, emotional support, and companion animals. "No pet" policies do not apply to service animals, and landlords cannot charge a pet deposit or restrict the breed of the tenant's service animal.
Under the Americans with Disabilities Act (ADA), service animals must be harnessed, leashed, or tethered unless the individual's disability prevents the use of these devices or interferes with the animal's performance of tasks. In such cases, the individual must maintain control of the animal through other means. The ADA defines a service animal as a dog (or sometimes a miniature horse) that has been individually trained to perform tasks or work for a person with a disability.
It is important to note that allergies or fear of dogs are not valid reasons for denying access to people using service animals. If a person with a service animal and a person who is allergic to dogs must share a space, they should both be accommodated by assigning them to different locations within the room or separate rooms.
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Service animals must not create sanitary problems or loud noises
In Washington, landlords are prohibited from discriminating against tenants with disabilities who have a service animal. Service animals are defined as dogs or miniature horses that have been trained to assist or accommodate people with disabilities.
Service animals must be under the control of their owners and should not create sanitary problems or make loud noises. This means that the animal should not be disruptive or destructive. For example, if a service dog barks aggressively and snaps at other customers, the facility can ask for the dog to be removed. The animal should also be housebroken.
It is important to note that emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. However, under the Fair Housing Act, housing facilities must allow emotional support animals if they are necessary for the tenant to have an equal opportunity to use and enjoy their home.
In Washington, tenants with service animals cannot be charged a "pet fee" and “no-pet” policies do not apply to them. Tenants are responsible for the behaviour of their service animals and any damage they may cause.
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Frequently asked questions
A service animal is defined as a dog or miniature horse that has been trained to assist or accommodate people with disabilities, including physical, sensory, or mental disabilities.
Yes, under Washington's law against discrimination (WLAD) and the federal Americans with Disabilities Act (ADA), landlords cannot discriminate against tenants with disabilities who use a service animal.
Washington state does not legally recognize ESAs, so there are no additional protections or public access rights. However, under the federal Fair Housing Act (FHA), emotional support animals are allowed to live with their handlers without charge, even in "no-pet" housing.
The tenant is responsible for the behavior of their service animal and any damage it may cause to the property. The landlord can enforce standard cleaning or damage deposits, but it is unfair to charge a pet deposit for a service animal.
Yes, a landlord can ask for verification of the tenant's disability-related need for the animal from a doctor or other qualified third party, without inquiring specifically about the disability.
