Policies

Service Animals vs Emotional Support Animals

What Landlords Must Do

Allow the service animal: You cannot deny housing because of a tenant's need for a service animal. Service animals are not “pets”—they're legally considered an accommodation under the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA).

No pet fees/deposits: You cannot charge pet rent, pet deposits, or pet fees for a service animal.

Make reasonable accommodations: If your lease says “no pets,” it doesn't apply to service animals. You must adjust the lease to allow them.

• Ask only two questions (and only if the disability is not obvious):
• Is the animal required because of a disability?
• What work or task has the animal been trained to perform?

What Landlords Cannot Do

Demand proof of disability: You can't ask about the tenant's medical history or require medical records.

Require “registration papers”: There's no official certification for service animals—you can't insist on one.

Treat service animals like pets: No weight, size, or breed restrictions apply if the animal is a legitimate service animal.

Florida-Specific Notes

Florida Statute 413.08 mirrors federal protections: tenants with service animals are entitled to full and equal housing access.

Misrepresenting a pet as a service animal is a second-degree misdemeanor in Florida—so landlords are protected from fraud, too.

Emotional Support Animals (ESAs) are different: they are covered under the FHA (not ADA), and landlords can request reliable documentation from a healthcare provider.