Service animals and accessibility
You cannot exclude a service animal or an assistance animal from housing, and you cannot advertise a property as unavailable to disabled tenants. A service animal is not a pet, so a no-pets policy does not reach it, and neither does a pet fee.
What the rule actually is
Under the Fair Housing Act, an assistance animal is a reasonable accommodation for a disability. That covers trained service dogs and it also covers support animals that do not have formal training. In housing, unlike a restaurant, the animal does not have to be trained to perform a task. Practically, that means:
- No pet rent, no pet deposit and no pet fee for an assistance animal. It is not a pet.
- A no-pets building still has to allow one. The policy is set aside for the accommodation.
- Breed and weight limits do not apply as a blanket rule, though a specific animal that is genuinely dangerous can be refused on that specific evidence.
- You may not demand medical records or a diagnosis. Where the disability is not obvious, you may ask for reliable documentation that the person has a disability-related need for the animal, and that is the limit.
The tenant remains liable for actual damage the animal causes, and for its behavior. Charging for damage that happened is different from charging a fee because the animal exists.
What not to write in a listing
"No pets, no exceptions", "no service animals", "no wheelchairs", "not suitable for disabled tenants", "must be able to use stairs". Jinu screens for these and holds the listing for review.
A plain no-pets line is fine on its own. What creates the problem is wording that forecloses an accommodation, which is what "no exceptions" does.
Describing accessibility honestly
Describing the building is not discrimination, it is useful, and disabled renters want it more than anybody. These are all fine:
- "Third floor walk-up, no elevator."
- "One step at the front entrance, 32 inch doorways."
- "Roll-in shower, no threshold at the entry."
- "Street parking only, no designated accessible space."
State the feature and let the reader decide. Never convert a feature into a rule about who may apply.
Reasonable modifications
A tenant may ask to modify the unit at their own expense, a grab rail or a ramp for example, and refusing a reasonable request is itself a violation. You can normally require that the work is done properly and, in a rental, that the unit is restored at the end of the tenancy where restoration is reasonable.
Stays are covered too
A short-term stay listing is advertising for a dwelling. "No service animals" in a stay listing is screened the same way as in a rental listing. Different laws may also apply to a place of public accommodation, and they are not more permissive.