In Atlanta, Georgia, landlords must be aware of their rights and responsibilities when it comes to accommodating residents who have service animals.
Understanding the difference between service animals and pets, knowing when a landlord can refuse a service animal, and being aware of the additional requirements for service animals are all essential in maintaining a fair and accessible rental property.
This article will provide an in-depth guide to everything landlords need to know about service animals in Atlanta, Georgia.
Let’s dive in!
What is Considered a Service Animal Versus a Pet?
A service animal is defined as an animal that is specially trained to perform tasks for people with disabilities. These tasks can include guiding those who are visually impaired, alerting those who are hard of hearing, or pulling wheelchairs. Service animals are considered working animals, not pets, under the law.
Service animals play a crucial role in the lives of their owners. They are trained to assist them in a variety of ways, enabling greater independence and improving quality of life. For example, for someone who is visually impaired, a service dog becomes their eyes, guiding them through the world with confidence and ensuring their safety. These animals undergo extensive training to develop the skills necessary to perform their tasks effectively.
Not only do service animals provide physical assistance, they also offer emotional support to their handlers. The bond between a service animal and their owner is incredibly strong, built on trust, companionship, and mutual understanding. These animals become more than just working partners; they become beloved companions, providing comfort and emotional stability in times of distress.
On the other hand, pets are animals kept primarily for companionship, emotional support, or comfort. While pets bring joy and happiness to their owners' lives, they do not possess the specific training required to perform tasks related to a disability. Unlike service animals, pets do not undergo specialized training to assist people with disabilities in their daily activities.
It’s important to differentiate between service animals and pets because they serve distinct purposes. Service animals are protected by laws that grant them access to public places, housing, and transportation, ensuring that people with disabilities can fully participate in society. Pets, on the other hand, do not have the same legal rights and are subject to different regulations.
Can a Landlord Refuse a Service Animal?
Under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), landlords are generally required to make reasonable accommodations for service animals. This means that, in most cases, a landlord cannot deny a resident the right to have one in their rental unit. However, there are exceptions. For example, if a landlord can prove that allowing a specific service animal would cause undue financial burden or substantial damage to the property, they may be able to deny accommodation.
The ADA also prohibits landlords from imposing breed or size restrictions on service animals.
Keep in mind that emotional support animals (ESAs) are not classified as service animals under the ADA but may be protected under the FHA. Landlords should familiarize themselves with the specific laws and regulations regarding service animals and ESAs in Atlanta, Georgia.
Additional Service Animal Requirements
While landlords cannot refuse a service animal, they can require certain additional documentation and information from the resident. It is recommended that landlords establish a clear policy regarding service animals and request relevant documentation to ensure compliance with the law.
Some of the requirements may include:
Proof of disability: Landlords may request verification of the resident's disability, but they cannot ask for specific medical details. A letter from a healthcare professional or a written statement from the resident explaining the disability may be sufficient.
Proof of training: Although service animals are not required to be certified or trained by a professional organization, landlords can ask for evidence that the animal has been trained to perform specific tasks related to the resident's disability.
Vaccination records: Landlords can request proof of vaccinations to ensure the health and safety of other residents and the property.
How Should Residents Submit Documentation for a Service Animal?
Residents who require a service animal should follow specific procedures when submitting documentation to their landlord. It is advisable to:
Notify the landlord in writing about the intention to have a service animal.
Include the necessary documentation, such as a letter from a healthcare professional or a written statement explaining the disability and the need for a service animal.
Provide evidence of the animal's training and ability to perform tasks related to the disability.
Include proof of current vaccinations.
By following these steps, residents can ensure a smooth process of accommodating their service animals while allowing landlords to verify and maintain necessary records.
When Can a Service Animal be Added to a Lease?
A service animal can be added to a lease at any time during the tenancy. If a resident obtains a service animal after signing the lease, they should notify the landlord and provide the required documentation as soon as possible. The landlord cannot unreasonably delay or deny the addition of a service animal to the lease. It is important for both residents and landlords to communicate and cooperate to ensure compliance with the law.
Final Thoughts
As a landlord in Atlanta, Georgia, understanding the rights, responsibilities, and requirements regarding service animals is crucial. By familiarizing yourself with the legal framework, you can create an inclusive and accessible rental property while also protecting your own rights as a landlord. Remember to treat each request for a service animal with respect and follow the appropriate procedures to ensure a fair and lawful accommodation process for all parties involved.
Looking for an Atlanta property management company to assist with all the above? Reach out to our local team today!
