The 3 Biggest Mistakes That Could Get You Sued Over Support Animals


Steve Welty

Issue# 27

December 2024

Dear Housing Heroes,

Let’s face it—navigating support animal requests can feel confusing. Questions like “What’s my legal responsibility?” “What can I ask?” and “How do I avoid costly mistakes?” are common, and the answers aren’t always clear.

My goal here is to break things down so you feel confident, act fairly, and stay on the right side of the law.

Service Animals vs. Support Animals: What’s the Difference?

  • Service Animals: These are highly trained animals that perform specific tasks for individuals with disabilities—like a guide dog for someone with visual impairments. We’ll cover more on service animals in a future update.
  • Support Animals (ESAs): These are the ones you’ll encounter most often as a landlord. Emotional Support Animals (ESAs) provide comfort simply by being there, helping tenants with emotional or psychological challenges.

Why It Matters

Laws like the Fair Housing Act and California’s Fair Employment and Housing Act protect tenants with disabilities. If someone needs a support animal, you might need to adjust your policies—even if you have a strict “no pets” rule. Ignoring the law can lead to costly fines or legal trouble.

What Is a “Reasonable Accommodation”?

A reasonable accommodation is a change to your normal policies that allows a tenant with a disability to enjoy their home fully. Here’s the gist:

Tenants can request anytime: Before move-in, during the lease, or at renewal. The request doesn’t have to be formal—it can be written or spoken, and it can come from the tenant or someone helping them.

Your Rights as a Landlord

You can ask for:

  • Proof of need: Usually a letter from a licensed professional confirming the tenant requires the animal due to a disability.
  • Evidence of a threat: If the animal has proven dangerous behavior, like a history of aggression, you can evaluate that. (A breed alone isn’t enough!)

Your Limits as a Landlord

Here’s what you can’t do:

  • Charge extra fees: No pet deposits or pet rent for support animals.
  • Impose breed or size restrictions: You can’t say no based on the animal’s breed or size alone.
  • Demand personal medical details: You’re not entitled to know the specifics of a tenant’s disability

When Can You Deny a Request?

You can deny a request only if:

  • It creates a significant financial or administrative burden for you, or
  • The animal poses a real, direct threat that can’t be managed in any other way.

Pro Tip: Always check with an attorney before denying a request. It’s better to be safe than sorry.

Handling requests for support animals can feel complicated, but understanding the basics will guide you toward the right decisions. When unsure, talk to a legal professional.

Remember: This is general guidance to help fulfill our mission of “Making Owning Rental Property Easy.” Always consult with an attorney for your specific situation.

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Steve Welty

CEO @ Good Life Property Management

DRE #01744610

P.S. Let’s connect! I’d love to hear your thoughts or answer any questions. Have you come across support animal requests in your rentals? What worked well for you? Reply to this email—I’d love to hear your experience.

5252 Balboa Ave #704, San Diego, California 92117
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The Housing Hero Newsletter By Steve Welty

Passionate about bringing positivity and fresh perspectives to the rental property industry CEO @ Good Life Property Management San Diego and Orange County. Managing over 1,300 units in San Diego and Orange County.

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