Can landlords restrict service animals in rentals?

Service Animals and Rental Properties in New Mexico: Legal Compliance for Landlords

In New Mexico, landlords must carefully navigate the legal framework governing service animals in rental housing. Understanding these regulations is crucial to ensure compliance, avoid discrimination claims, and foster positive landlord-tenant relationships.

Overview of Service Animals in Rental Housing

Service animals perform specific tasks for individuals with disabilities. Under federal and state laws, these animals are not considered pets but rather reasonable accommodations necessary for equal access to housing. This distinction affords tenants protections that landlords must respect.

Relevant Laws for New Mexico Landlords

Federal Law: The Fair Housing Act (FHA)

• The FHA prohibits landlords from discriminating against tenants with disabilities, including by denying reasonable accommodations such as service animals.
• Landlords cannot impose pet policies or fees on tenants with service animals.
• The FHA requires landlords to modify policies when such modifications are necessary to afford a disabled person equal opportunity to use and enjoy a dwelling.

New Mexico Human Rights Act (NMHRA)

• Similar to the FHA, the NMHRA prohibits discrimination based on disability.
• It applies to housing providers in New Mexico and reinforces the requirement for reasonable accommodations, including allowing service animals.

Can Landlords Restrict Service Animals in New Mexico Rentals?

General Rule: No Absolute Restrictions

Landlords in New Mexico cannot outright prohibit service animals in rental units. Doing so constitutes discrimination on the basis of disability. As service animals are not pets, pet restrictions or no-pet policies do not apply to them.

What Landlords Can Do

• Request Reasonable Documentation: If it is not obvious that the animal is a service animal, landlords may ask for verification that the tenant has a disability and that the animal performs tasks related to the disability.
• Assess Reasonable Accommodation Requests: Evaluate accommodation requests on a case-by-case basis to determine if they are reasonable.
• Impose Restrictions on Non-Service Animals: Only animals without proper service animal status may be subject to pet restrictions and fees.

Verification and Documentation

Under the FHA and NMHRA, landlords may request documentation only if the disability or need for the service animal is not obvious.

• What Can Be Requested:

- Verification from a healthcare professional that the tenant has a disability. - Confirmation that the animal provides assistance related to the disability.

• What Cannot Be Requested:

- Proof of disability specifics beyond necessity. - Certification or registration papers for the service animal (there is no official federal certification system).

Responsibilities of Landlords Regarding Service Animals

• No Pet Fees: Landlords cannot charge pet deposits, pet rent, or other fees for service animals.
• Reasonable Accommodation: Landlords must permit service animals even if there is a "no pets" policy.
• Maintain Safety and Health Standards: Landlords can hold tenants responsible for damage caused by their service animals, just as they would for damage caused by tenants themselves.
• Enforce Appropriate Animal Behavior: Landlords may take action if a service animal behaves in a way that poses a direct threat to health or safety or creates substantial property damage.

What Happens if a Tenant’s Animal Is Not a Service Animal?

• If the animal does not qualify as a service animal or emotional support animal, standard pet policies apply.
• Landlords may request removal of animals that are not service animals or otherwise exempt.
• To prevent disputes, landlords should clearly communicate pet policies in the lease.

Practical Tips for New Mexico Landlords

• Include a Clear Policy on Service Animals: Specify compliance with federal and state laws regarding service animals in lease agreements and tenant handbooks.
• Train Staff: Ensure that leasing agents and property managers understand service animal laws to avoid unlawful denial or requests.
• Handle Requests Promptly and Respectfully: Respond to accommodation requests quickly to reduce tenant frustration or potential complaints.
• Document All Communications: Maintain thorough records of accommodation requests and correspondence related to service animals.
• Know When to Seek Legal Advice: Consult a qualified attorney if uncertain about compliance or when encountering challenging situations involving service animals.

Conclusion

In New Mexico, landlords cannot restrict service animals outright in rental properties. Service animals must be treated differently than pets under both federal and New Mexico law, requiring landlords to provide reasonable accommodations and to refrain from imposing pet restrictions or fees. Landlords can require appropriate documentation when needed and maintain property standards without discriminating against tenants with disabilities. Through clear policies, respectful communication, and legal compliance, landlords can manage service animal accommodations effectively and lawfully.