attorney who protect landlord of not allowed service dog in house arizona

by Dr. Kianna Morar 5 min read

Is it legal to deny a service dog in training in Arizona?

However, according to service dog laws in Arizona state specifically, it is not legal to deny a service dog in training from a public place. So, anywhere the general public is allowed or invited to go must permit a service dog in training, just the same as a fully trained service dog.

Can a landlord deny a service dog?

Landlords cannot reject a service dog solely because they merely perceive it as dangerous or a health risk to others without evidence. Landlords cannot deny a service dog, for example, solely because it is a certain breed. Fair Housing rules also override any building policies that ban pets.

Can a landlord charge a security deposit for a dog in Arizona?

Under Arizona law, landlords may only charge a security deposit for wear and tear on the property (and as long as they apply similar rules to other tenants). If there is no security deposit, the handler is liable to pay for any other damages incurred from the animal.

Does Arizona law apply to pets in public accommodations?

These laws also don't apply to pets. Arizona law specifies that a business, including a public accommodation, may have a "no pets" policy, as long as it is not used to exclude service animals.

Can a landlord deny an emotional support animal in Arizona?

Service Animals in Arizona Housing Pursuant to the federal Fair Housing Act, housing facilities must allow service dogs and emotional support animals, if necessary for a person with a disability to have an equal opportunity to use and enjoy the home.

Can a landlord refuse an assistance dog?

Even if you have a no-pets policy, you cannot discriminate against a tenant with a service or emotional support dog. Remember, they aren't considered pets. As a landlord, you should try your best to make adjustments to your property to accommodate a support animal.

What are the requirements for a service dog in Arizona?

Owners of service animals cannot be asked about their disability, be required to present medical documentation, required to have a special identification card or training documentation for the dog/horse, or ask that the dog/horse demonstrate its ability to perform the work or task.

How do you get around pet restrictions?

Rent from Private Owners Instead of a Company. It is generally easier to rent from a private owner instead of a rental company since the latter usually have stricter policies with pets. ... Get Pet Insurance. ... Offer a Pet Deposit. ... Create a “Resume” for Your Dog. ... Register Your Pet as an Emotional Support Dog.

Can I get a pet if my landlord says no?

The act says that tenants should have the right to ask permission to keep a pet – a request which a landlord can't refuse without a good reason. Good reasons could include allergies, conditions in the building's lease, or the landlord's insurance policy.

What are assistance dogs laws?

Assistance/Guide dog owners have important rights under the 2010 Equality Act (EA). This law allows people with disabilities to have the same rights as everyone else to use the services supplied by shops, banks, hotels, libraries, pubs, taxis and restaurants.

What is the difference between service dog and emotional support dog?

Emotional support dogs are not considered service dogs under the ADA. They may be trained for a specific owner, but they are not trained for specific tasks or duties to aid a person with a disability, and this is the main difference between ESAs and service dogs.

How do you know if a service animal is legit?

Generally, it will be easy to recognize a “real” service dog by their focused, disciplined, non-reactive behavior. Service dogs should not be easily distracted, dragging their handler against their will or leaving their handler to visit everyone they pass.

How do I register my dog as an emotional support animal in Arizona?

The only requirement is that patients receive an ESA letter from their doctor or mental health professional licensed in Arizona. When writing this letter, the mental health professional will include a brief outline of what conditions your animal provides support for.

How do you say no pets allowed?

Pets shall not be allowed. NO PETS. No pets shall be allowed at ANY time. If a pet is found in the Premises, Tenants will be charged a pet fee of $200.00 per tenant, payable immediately.

Why do landlords not allow pets?

Indeed, the majority of landlords don't currently allow for pets in lets. There are many valid reasons for this. Including potential issues with damage, noise pollution, mess and potentially anti-social behaviour. Equally, there is desire from many tenants to have a pet in their home.

What is a esa letter?

An emotional support animal letter is an official document that acts as proof of a person's need for an ESA to treat their disability. These letters must be written and signed by a licensed mental health professional in your state, and can secure the ESA access to rental housing regardless of pet policies.

Service Animals Defined in Arizona

Under the ADA, a service animal is a dog that has been trained to perform disabillity-related tasks or work for the benefit of a person with a disa...

Which Public Accommodations Must Allow Service Animals

Arizona’s service animal law applies broadly to any place of business, office, or place of recreation to which the general public is invited, wheth...

Rules For Your Service Animal

Under the ADA and Arizona law, a public accommodation may not ask you questions about your disability or demand to see certification, identificatio...

Service Animals in Arizona Housing

The federal Fair Housing Act prohibits discrimination in rental housing accommodations against those who use service dogs or animals. This means th...

Can a Landlord Enter Without Permission in Arizona?

Arizona landlords must provide at least 2 days’ prior notice before entering an inhabited unit. Landlords may enter without permission if there is...

Is Arizona a “Landlord Friendly” State?

Arizona is one of the more landlord-friendly states in the country because landlords have relatively few restrictions on setting rent values and te...

What Are a Tenant’s Rights in Arizona?

Tenants in Arizona enjoy the right to receive 2 days’ notice before landlord entry and have the right to take at least one form of alternative acti...

Can a Tenant Change the Locks in Arizona?

Tenants in Arizona are not allowed to change the locks on their own, but they can get permission from the landlord to change them. The tenant must...

How to talk to a landlord about a service dog?

When you have found an ideal home and intend to talk with the landlord, there are two ways to talk about your service partner: One is to stay calm and explain which tasks your service dog can perform for you, which is suitable for individuals with invisible disabilities.

What are the rights of service dogs?

The housing rights of service dogs. The Fair Housing Laws require landlords or property owners to provide reasonable accommodation for tenants who have physical or mental disabilities. This also includes assistance animals that help to improve the health of their owners. Since service dogs are not considered household “pets”, ...

Can a landlord refuse to let a service dog live with a tenant?

Therefore, if a tenant applies to live with a service animal for their disabilities, landlords cannot refuse this request or charge pet fees based on their own pet rules. Besides service dogs, landlords must also permit emotional support ...

Does the ADA limit the size of service dogs?

Weight and breed restriction. The ADA does not limit the size, weight and breed of service dogs residing in a property. This means that the corresponding items in the pet rules of the landlord do not apply to your canine helper. Whether a dog lives happily and comfortably are related to their breeds and the space of activities.

Do you have to disclose your disability to a landlord?

You are not required to disclose your disability and to submit diagnostic documents. Landlords only need to know that you are disabled and your service animal can benefit your health and safety. However, they can ask for proof that your service dog has been certified by a medical professional. The usual document is a letter from doctors stating ...

Can a landlord ask for proof of service dog?

In addition, landlords are also permitted to ask for some sort of proof that your service dog is specially trained for your disability, which can reassure other residents in the same building. It is recommended to include a photo and identification information of your pup in an ID card so that they can be compared with the information in ...

Can a service dog be a guard?

Service dogs, as the best partner for people with disabilities, act as a personal guard to protect their owner from dangers, attacks, and accidents all the time. According to the Americans with Disabilities Act (ADA ), service dogs are allowed to accompany the owner to almost any location, including places where pets are prohibited.

What are the laws regarding assistance animals?

Laws protecting Assistance Animals in No Pet Housing. There are two types of assistance animals that have special rights regarding housing. The first is service dogs and the second is emotional support animals. If you have a mental or physical disability that requires you to have either a Service Dog or an Emotional Support Animal, ...

What is a service dog?

Unlike an emotional support animal (ESA), the Service Dog is specifically trained to perform tasks an individual cannot do for themselves.

How to communicate need for service dog?

There are two ways of communicating your need for a Service Dog to those that may dispel your requirement. The first is to always stay calm and don’t escalate the situation. Explain to the individual what tasks the Service Dog performs for you. This may be more necessary if your disability is not outwardly apparent.

What does it mean when a dog wears a special identification?

When your dog wears this special form of identification, it’s letting the public know that your canine companion is a working animal and therefore should be treated as such. This includes not interacting with the dog and making allowances for the animal to enter into all public areas.

How much does it cost to adopt a service dog?

This can be done by the individual requiring the dog or by a professional organization. Adopting a fully trained service dog can cost thousands of dollars.

Can you fly with a service dog?

In addition, when flying, you and your Service Dog will be granted in cabin seating of an airplane at no extra cost to you. However, there may be some restrictions placed on your Service’s Dog’s accessibility. These include; Hospital ICU or other areas where special clothing is required. Treatment area of an ambulance.

Can you leave a building if you have a service dog?

However, there is one exception to this rule. If your service dog/animal causes damage to the property or disruption/harm to the other tenants you can be asked to leave the building. If you feel you have been discriminated against when it comes to housing, you can file an official complaint with the HUD in your area.

What are the responsibilities of a tenant in Arizona?

Aside from paying rent on time and promptly, Arizona tenants must: Keep the unit in a safe and habitable manner. Keep fixtures clean and sanitary. Make small repairs and maintenance. Not disturb other tenants or neighbors.

What are the rights of a tenant in Arizona?

According to Arizona law ( Arizona Landlord and Tenant Act ), a lease agreement automatically grants certain tenant rights, such as the right to a habitable dwelling and the right to take at least one form of alternative action. Landlords also have rights, such as the right to collect rent in a timely manner and the right to pursue eviction in case ...

What rights do landlords have?

Landlords also have rights, such as the right to collect rent in a timely manner and the right to pursue eviction in case of a lease violation or nonpayment of rent. Note: These rights exist regardless of a rental agreement stating otherwise.

How much notice do you need to give a landlord in Arizona?

Landlord Right to Entry in Arizona. Landlords must provide at least 2 days’ advance notice before entering an occupied property and this notice must be in a form that is agreed upon by the landlord and tenant (usually written).

How long does it take to repair a house in Arizona?

In Arizona, landlords are required to provide habitable premises for living and must make requested repairs in a timely manner (5 days). If they do not, the tenant is empowered to make the repairs themselves and deduct the costs from future rent payments.

What are the discriminatory acts in Arizona?

Arizona’s Department of Housing has outlined several behaviors that may be considered discriminatory if directed at a member of a protected class: Refusing to buy or rent on a bona fide offer. Charging more for rent or fees.

How much does a small claims court in Arizona cost?

Arizona small claims court will hear rent-related disputes valued up to $3,500, though some local courts may allow cases with a greater value. Small claims court does not handle evictions cases and written and oral contracts have a 6-year and 3-year statute of limitations, respectively.

What happens if an insurance company does not have an exception for assistance animals?

If not, then an investigation may be launched against the insurance company itself for potential disability discrimination.

What happens if a landlord denies a tenant?

What Could Happen if a Landlord Denies a Tenant Based on an Emotional Support Animal. If a tenant believes they have been mistreated due to their ESA, they can file a lawsuit under the Housing and Urban Development Act within one-year of the incident.

What happens if an emotional assistance animal is disruptive?

If the emotional assistance animal is particularly disruptive, or the tenant fails to take proper measures to ensure that the animal does not bother other tenants, the landlord may be justified in denying the accommodation or ultimately filing for an eviction.

How many people have emotional support animals?

Landlord Rights for Emotional Support Animals. According to the NAMI, an estimate of 61.5 million Americans (or 1 in 4) suffer from a mental or emotional disability. For this reason, the use of Emotional Support Animals (ESA) is becoming more prevalent, and many mental health professionals are recommending animals and writing prescriptions as ...

Can a landlord evict a tenant with an ESA?

There may be circumstances that arise when a landlord does have a right to evict a tenant with an ESA. This will be if the person’s emotional support animal is a threat to the safety of the building or the tenants or the presence of the animal is causing an undue burden on the landlord.

Can emotional support animals be on leash?

However, Emotional Support Animals are not permitted to roam off leash throughout the property and must be in their handler’s control at all times.

Can a landlord refuse to house a disabled person?

Under the Fair Housing Act, it is against the law for a property owner or landlord to refuse to house those with a disability. The housing provider also cannot impose a different application or qualification criteria to those with disabilities.

What are the rights of service animals?

Service animals; rights of individuals with disabilities; violation; classification; fraudulent misrepresentation; civil penalty; definitions. A. Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly ...

Do public places have no pets policy?

D. Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets. E. A service animal must be under the control of the service animal's handler. F.

Is it discriminatory to exclude a service animal from a public place?

It is not discriminatory to exclude a service animal from a public place if one or more of the following apply: 1. The animal poses a direct threat to the health or safety of others. 2. The animal fundamentally alters the nature of the public place or the goods, services or activities provided. 3.

Can a service dog be in a zoo?

A zoo or wild animal park may prohibit a service animal, including a dog guide or service dog, from any area of the zoo or wild animal park where the service animal may come into direct contact with the animals contained in the zoo or wild animal park.

What is a service dog?

There are a variety of subsets of service dogs that are trained to help people with unique disabilities. For instance, some service dogs may specialize in guiding individuals who are blind or alerting their owners of dangerously high or low levels of blood sugar. Service dogs have special training to assist their owner with their particular ...

What breed of dog is a propensity for violence?

The dogs believed to have a propensity for violence are Pit Bulls, Rottweilers, Doberman Pinschers, Chows, Akitas, Alaskan Malamutes, German Shepherds, Siberian Huskies, St. Bernards, and Wolf Hybrids. It also includes any mix of the dog breeds listed.

What is reasonable accommodation?

Reasonable accommodations are changes in property rules, policies, or practices so that a person with a disability can live in or use a housing unit. Note that there are certain requirements all units must meet regardless of the presence of a tenant with a disability. All rental units must have:

What is a verification from a tenant?

Verification from the tenant (or their family member/caretaker), in writing, stating (1) that the tenant or a member of his or her family is a person with a disability; (2) the need for the animal to assist the person with that specific disability; and (3) that the animal actually assists the person with a disability.

What are the two types of service dogs?

Here are the three main kinds of service dogs and their specifications: So, in theory, the two types of dogs that you’ll be encountering are service dogs and emotional support animals (ESA). (Keep in mind that a tenant may have an emotional support animal that is not a dog.)

How to verify a tenant's ESA letter?

Nowadays, it’s very easy to produce fake ESA letters. You can verify your tenant’s letter by: Politely talk to the tenant and ask them about the letter. Remember not to be accusatory; your tenant has chosen to disclose to you that they need special accommodations, so always be considerate.

What is a tenant's letter?

A letter from the tenant’s licensed therapist, psychologist, or psychiatrist stating that they need the dog to help alleviate their symptoms. The letter should be an official document with the letterhead of the mental health professional along with their contact information, phone number, and email address.

Is it easy to get an emotional support animal in Arizona?

However, an emotional support animal can help ease the burde n and make life a bit easier for those struggling with these issues. Thankfully, getting an emotional support animal in Arizona is relatively easy, ...

Can landlords ask for ESA letter?

According to the Fair Housing Act, land lords have the right to request an ESA letter when applicant’s request accommodations for their service animal. However, they are limited in how and what they can ask of a potential tenant. They are only permitted to ask the following questions:

Can dogs be emotional support animals?

Alternatively, emotional support animals are not trained in specific tasks, nor are there as many limitations on the types of animals that qualify; dogs, cats, birds, and even miniature horses can qualify as emotional support animals. In Arizona, as with other states, the Fair Housing Act covers the legal definitions of emotional support animals.

Can an emotional support dog ride in an airplane?

The Act used to require airlines to permit ESAs to ride in the cabin with their owners, free of charge. Now, this protection only pertains to service dogs and not ESAs.

Can an ESA be a dog?

Alternatively, if your ESA is a dog, you can train it to become a psychiatric service animal (PSA). PSAs are protected by the Air Carrier Access Act. These dogs perform tasks that help relieve distress from mental health issues like anxiety, depression, or PTSD.