Landlords in Massachusetts may be obligated to modify their "no pets" policies to allow a resident to keep an animal that does not meet the Americans with Disabilities Act (ADA) definition of "service animal." This post will clarify the status of other types of animals that may assist individuals with disabilities, such as emotional support/companion animals, and their status under Massachusetts Fair Housing laws.
The ADA defines service animals as "dogs that are individually trained to do work or perform tasks for people with disabilities."
The one exception to the "dog" rule is, in some cases, miniature horses. This provision allows a person with a disability to be accompanied by his or her service dog or miniature horse to any place that members of the public are allowed to go such as restaurants, theatres, retail shops, grocery stores, etc.
Service animals must be individually trained, housebroken, and under the handler's control at all times when out in public.
In addition to service animals, certain animals that do not meet the definition of "service animal" under the ADA may be allowed in the housing context. Under the federal Fair Housing Act and the state fair housing law, persons with disabilities may request a reasonable accommodation to keep any assistance animal, including an emotional support animal, in his or her dwelling as an exception to a "no pets" policy.
Emotional Support Animals
Emotional support animals (ESA), sometimes referred to as "comfort animals," or "companion animals," are animals whose presence alone helps an individual with a disability. Unlike service animals, ESAs are not trained to perform a task or service. An example would be a dog that is not individually trained to provide a service, but whose companionship helps alleviate its owner's symptoms of depression.
Emotional support/comfort/companion animals in housing:
- Do not need to be specially trained.
- Do not need to perform a service or task.
- Provide some benefit or alleviation of symptoms to a person with a disability simply by being present.
- Can be any type of animal that it otherwise legal to possess in Massachusetts (cats, birds, ferrets, guinea pigs, etc.).
- May require medical documentation that the animal is needed because of a disability if the disability related need is not obvious.
- May not charge extra fees to the resident for keeping the animal.
- May charge the tenant for damages caused by the animal in the same way that it would to any other tenant.
Neither service dogs nor emotional support animals may be restricted by any housing provider by breed, size, or weight. Generally, municipal ordinances that prohibit specific breeds of dogs may not be applied to service dogs or ESAs.
Similarly, while an individual landlord may restrict the breed, size, type, or number of pets a resident may keep in his or her dwelling, exceptions must be considered when the animal(s) is needed due to a disability.
It is important to note that both service animals and ESAs may be denied or asked to be removed in cases where the animal poses a direct threat to health or safety, is not housebroken, causes damage, or otherwise poses an undue hardship on the housing provider.
There may be cases where an individual benefits from the assistance of an animal that is trained to perform a service or task but does not meet the definition of "service animal" because it is not a dog or miniature horse. For example, in Massachusetts, Helping Hands Helper Monkeys in Brookline helps adults with spinal cord injuries and other mobility impairments by providing them, free of charge, with a highly trained Capuchin monkey to help with their daily tasks.
Permission and Proof
Unlike in public settings, in the housing context, individuals with an animal that is needed because of a disability must first obtain permission to have the animal in a residence or other places that are not open to the public and do not allow animals. S/he must request a reasonable accommodation to a 'no pets policy.' An individual may be required to provide documentation that the animal is needed due to a disability if the disability-related need is not obvious. No specific certification or registration is required; a note from a doctor or other provider that documents the connection between the individual's disability and the need for the animal may suffice. Individuals should be wary of entities that claim to provide service or emotional support animal "certification" or "registration" for a fee.
If you have been denied access because of your service animal, or have been denied a reasonable accommodation to keep an animal needed because of a disability, you may contact the Law Offices of Renee Lazar either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation.