Whether you're a landlord or a tenant in Pahrump, NV, understanding the laws around support animals is crucial. From service dogs to emotional support animals, knowing your rights and responsibilities can help you stay compliant with federal laws like the Fair Housing Act and avoid legal disputes in the rental process.
What Qualifies as a Support Animal?
Support animals, including assistance animals, are not considered pets. These animals provide aid or emotional support to individuals with physical or psychological disabilities.
There are two main categories:
Service animals are trained to perform specific task-related functions for a person with a disability, such as guiding someone who is visually impaired or alerting a person with post-traumatic stress disorder.
Emotional support animals offer comfort for mental health conditions but do not need specialized training. Their animal's presence alone can alleviate symptoms.
Some tenants may also have psychiatric service animals, which are service animals trained for psychiatric disabilities.
Is a Service Animal Required to Be Certified?
Many landlords in Pahrump wonder if a service animal is required to have official certification. According to the Americans with Disabilities Act (ADA), the answer is no.
A service animal must be individually trained to perform tasks directly related to the person’s disability, but there is no federal requirement for certification. Be cautious of online services claiming to "certify" animals; these are not officially recognized under federal or state and local laws.
Instead, you should focus on the task-related functions of the service animal, not the presence or absence of documents. This ensures compliance with federal laws and avoids unintentionally refusing service in violation of the ADA.
The Fair Housing Act and Reasonable Accommodations
Under the Fair Housing Act, you must make reasonable accommodations for tenants with assistance animals, including emotional support animals and service animals. This means housing providers cannot enforce pet policies, collect a pet deposit, or charge pet rent for these animals.
You can only deny the accommodation if the animal poses a direct threat to others or would fundamentally alter the nature of the housing arrangement.
You may not ask about the person's disability in detail, but you can request documentation from a licensed mental health professional verifying the need for an assistance animal.
What Landlords in Pahrump Should Know
If you're a landlord, it’s essential to stay informed about both state and local laws and federal laws regarding assistance animals.
Here's what you're allowed and not allowed to do:
You Can:
Ask for documentation for an emotional support animal
Request confirmation that the individual has a qualifying disability
You Cannot:
Ask for training records for an emotional support animal
Enforce pet ownership policies or refuse the tenant because they have a support animal
Charge a pet deposit for a service animal
You also can't deny housing because the animal is a breed or size that your typical pet policies restrict. That includes animals like miniature horses, which may qualify as service animals in some cases.
Tenant Responsibilities
Tenants must ensure their service animal’s safe behavior and hygiene. Damages caused by the animal (outside normal wear and tear) can still be deducted from the security deposit. Maintaining the rental unit, cleaning up after the animal, and complying with local laws are non-negotiable.
Let Freedom House Help You Manage Support Animal Regulations
Understanding the difference between service animals, emotional support animals, and assistance animals is critical for staying compliant and respectful of a person with a disability’s rights. At Freedom House Property Management, we help landlords like you in Pahrump and West Las Vegas manage these regulations with confidence and care.
Contact us today to get expert support for your rental needs and ensure your property follows all applicable laws.
Frequently Asked Questions About Support Animals in Rental Housing
1. What if a landlord is denying access to housing based on a support animal?
Denying access to a tenant who has a valid support animal or service animal can result in legal consequences. Tenants can file a complaint with HUD or consult an attorney. It's always recommended to explore additional resources or work with a property manager who understands the law.
2. What’s the difference between service animals, therapy animals, and companion animals?
Service animals are dog-trained or occasionally miniature horses to assist individuals with disabilities by performing specific tasks like guiding, alerting, or retrieving items.
Therapy animals provide comfort in clinical or group settings but are not granted the same legal housing protections.
Companion animals or emotional support animals offer comfort through their presence and may be prescribed via a doctor’s letter, but they do not require specialized training.
3. What Does the Department of Justice Say About Support Animals?
The Department of Justice states that only service animals, usually dogs that are individually trained to perform tasks are protected under the Americans with Disabilities Act. These animals must be allowed in housing and public areas unless they pose a direct threat. Emotional support animals and therapy animals are not covered under ADA, but may still qualify for housing under Fair Housing Act guidelines.
