The Fair Housing Act (FHA) requires owners of rental properties to make reasonable exceptions in policies and operations to provide equal housing opportunities to persons with disabilities. If you don’t normally allow pets, you may be required to make an exception to accommodate a service or companion animal for any tenants with disabilities.
But what if the companion animal poses a threat to your other tenants—or to you? Do you have to accommodate an aggressive animal under the FHA?
Probably not. While you must make reasonable accommodations for tenants with disabilities, they have responsibilities, too. If you request it, tenants with disabilities must provide documentation that the service animal is required from a physician or other healthcare professional. However, as a landlord, you are within your rights to require that every service animal be vaccinated, trained and non-threatening to other residents and the public.
The FHA does not protect tenants who create a nuisance or direct threat to the health and safety of others. If a tenant’s aggressive dog creates a direct threat, then you could be justified in requiring the tenant to take corrective action or remove it.
However, taking action based on speculation about a dog’s breed or appearance is not advisable. Rather, make an objective evaluation based on observation and available data. Does the dog have a history of aggression? Has it ever bitten or harmed anyone? Does it bark excessively? Could putting a muzzle on the dog when it’s outside the rental unit solve the problem?
If you have a tenant with disabilities who has a companion or service animal that is noisy, aggressive or a nuisance, keep the communication open and look for ways to come to a solution.