Can landlords restrict service animals in rentals?

Can Landlords Restrict Service Animals in Rentals in Maine?

In Maine, landlords often wonder about the extent to which they can regulate or restrict service animals in rental properties. Understanding the legal framework around service animals is crucial for landlords to ensure compliance while maintaining a respectful and fair rental environment.

Legal Framework Governing Service Animals in Maine Rentals

In Maine, the rights of individuals with disabilities to use service animals in housing are protected under both federal and state laws:

• Federal Fair Housing Act (FHA): This federal law prohibits discrimination against individuals with disabilities and requires landlords to make reasonable accommodations allowing service animals, even if there is a “no pets” policy.
• Maine Human Rights Act (MHRA): This state statute parallels the FHA and protects persons with disabilities from housing discrimination, including the right to have service animals.
• Americans with Disabilities Act (ADA): While primarily focused on public accommodations, the ADA defines service animals and informs the general understanding of their role.

Together, these laws guide landlord obligations in Maine regarding service animals.

What Is a Service Animal?

Understanding what qualifies as a service animal is the first step for landlords:

• Under the FHA and MHRA, a service animal is typically defined as an animal that is individually trained to perform tasks or do work directly related to an individual’s disability.
• The most common service animals are dogs. However, other animals can qualify if they meet the criteria.
• Emotional Support Animals (ESAs), while often necessitated by disabilities, are generally not considered service animals under the ADA. However, under the FHA and MHRA, ESAs may receive accommodation protection as a reasonable accommodation.

Can Maine Landlords Legally Restrict Service Animals?

Service Animals Are Not Pets

• Landlords cannot enforce “no pets” policies to prohibit service animals.
• Service animals are considered reasonable accommodations to give tenants with disabilities equal access to housing.
• Therefore, restrictions that apply to pets, such as breed, size, or number limits, generally cannot be applied to service animals.

Reasonable Accommodations

• If a prospective or current tenant requests to have a service animal, landlords are required to provide reasonable accommodations unless such accommodations impose an undue financial or administrative burden.
• The landlord may ask for documentation to verify the disability and the necessity of the service animal if the disability or the service role of the animal is not obvious. For example:

- Confirmation from a healthcare provider - Explanation of the disability-related need for the animal

• However, landlords cannot require detailed medical records or demand to see the training certification of the service animal.

Behavior and Property Damage

• While landlords must accommodate service animals, tenants remain responsible for the animal’s behavior and any damage caused.
• If a service animal poses a direct threat to the health or safety of others or causes substantial property damage, landlords can take appropriate actions consistent with Maine tenant laws.
• For example, if a service animal is aggressive or not under control, a landlord may request control measures or potentially remove the accommodation if no reasonable alternative is possible.

Steps Maine Landlords Should Take When Addressing Service Animal Requests

1. Review the Request Promptly and Respectfully

- Treat the request as a formal accommodation inquiry. - Avoid asking for unnecessary details about the disability.

1. Verify the Need When Appropriate

- Request reliable documentation if the need is not obvious. - Do not demand certification or allow “pet licenses” to substitute for service animal verification.

1. Assess Reasonableness

- Consider whether accommodating the service animal would cause an undue burden. - Maine courts generally require landlords to accommodate unless extreme hardship can be shown.

1. Communicate Clearly

- Inform the tenant of any rules or expectations related to the animal’s behavior and cleanliness. - Make clear that normal lease terms regarding property damage and nuisance apply.

1. Document All Interactions

- Maintain records of accommodation requests, responses, and any agreements made.

Summary

In Maine, landlords cannot restrict or prohibit service animals in rental properties simply by applying pet policies. Both federal and state laws support the rights of tenants with disabilities to have service animals as a reasonable accommodation. Landlords may request documentation when the disability or necessity is not apparent but should refrain from intrusive or burdensome inquiries. While service animals are granted access, tenants must still ensure their animals do not cause threats to safety or property damage. By understanding and following Maine’s legal standards, landlords can foster compliance and support an inclusive rental environment.