Can landlords restrict service animals in rentals?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Can Landlords Restrict Service Animals in Rentals in New Hampshire?
In New Hampshire, landlords must navigate specific legal requirements when it comes to allowing service animals in rental properties. Understanding state and federal laws on disability accommodations is essential to ensure compliance and to foster positive tenant relationships. This guide provides a thorough overview of what New Hampshire landlords need to know about service animals and rental housing.
Legal Framework Governing Service Animals in New Hampshire Rentals
Federal Protections
While New Hampshire has its own laws protecting tenants, it is important to recognize that federal statutes play a critical role in regulating service animals:
- Fair Housing Act (FHA): This federal law prevents housing discrimination based on disability and mandates reasonable accommodations, including allowing service animals, even when a landlord has a "no pets" policy.
- Americans with Disabilities Act (ADA): While the ADA mainly governs public accommodations rather than housing, it sets definitions and standards related to service animals.
New Hampshire State Law
New Hampshire aligns with and supports these federal provisions through its own disability laws, which prohibit discrimination against individuals with disabilities in housing. The state law reinforces tenants' right to keep service animals as a necessary accommodation.
Defining Service Animals
In the context of housing, it is essential to distinguish between different types of animals:
- Service Animals: According to the ADA and the FHA, a service animal is a dog individually trained to perform tasks or do work for a person with a disability.
- Emotional Support Animals (ESAs): These animals provide comfort and emotional support but are not trained to perform specific tasks. ESAs are covered primarily under the FHA for housing accommodations.
- Pets: Animals kept for companionship without training related to disability do not receive protections.
Can New Hampshire Landlords Restrict Service Animals?
General Prohibition Against Restrictions
- No Pet Policies Cannot Be a Barrier: In New Hampshire, landlords may not enforce "no pet" or breed and size restrictions to deny tenancy or refuse to allow a service animal as a reasonable accommodation.
- Reasonable Accommodation Requirement: Service animals must be allowed as a reasonable accommodation for tenants with disabilities, which includes waiving pet fees or deposits related to such animals.
When Can Restrictions be Applied?
Landlords may request documentation under certain conditions to verify the need for a service animal:
- Permissible Verification: If the disability or need for accommodation is not obvious, a landlord can request a written verification from a healthcare professional about the tenant’s disability and the necessity of the service animal.
- Undue Burden or Fundamental Alteration: A landlord may deny a service animal accommodation only if it would impose an undue financial or administrative burden, or fundamentally alter the nature of the housing service (a high standard to meet).
Behavior and Safety
- Control and Behavior: Landlords can require that service animals be under control (e.g., leash) and not pose a direct threat to the health or safety of others.
- Property Damage: While deposits cannot be charged for service animals, tenants may be held responsible for damage caused by their service animal, and landlords can enforce reasonable rules to minimize risk.
Best Practices for New Hampshire Landlords
To maintain compliance and promote good landlord-tenant relationships, landlords should:
- Develop Clear Policies: Create written policies that acknowledge the right to service animals and emotional support animals as accommodations under the FHA.
- Train Staff: Ensure leasing agents and property managers understand legal obligations and proper procedures around service animals.
- Request Documentation Responsibly: Know when and how to ask for verification without violating privacy or discrimination laws.
- Handle Complaints Professionally: Address any complaints regarding behavior or damage promptly and fairly.
- Avoid Unlawful Inquiries: Do not ask about the nature or extent of the tenant’s disability beyond necessary verification.
Summary
Landlords in New Hampshire cannot outright restrict service animals in rental properties due to protections under state and federal laws. Service animals, as reasonable accommodations, must be allowed even if the property has a no-pet policy. Landlords can require documentation when the disability is not obvious and can enforce reasonable rules related to the animal’s behavior and property damage. Understanding and adhering to these legal standards will help landlords operate in compliance and provide accessible housing options for tenants with disabilities.