In the world of property management, one of the most frequent and often misunderstood topics is the regulation of emotional support animals (ESAs) and service animals within housing communities. Many property managers and residents alike grapple with questions about leash laws, community policies, and state laws that may seem to conflict with fair housing regulations. Let’s review a few common pain points.
Do ESAs Have to Follow Leash Laws?
A common misconception is that because ESAs are not considered pets, they are exempt from leash laws or other restrictions that apply to household pets. However, that is not necessarily the case.
While assistance animals—including ESAs and service animals—are not subject to pet fees or pet policies, property managers can and should have a separate set of rules governing assistance animals. Many of these rules can mirror standard pet policies, including leash requirements.
Requiring ESAs to be on a leash or otherwise under control when outside a resident’s unit is a reasonable rule. These rules are directly related to maintaining the health and safety of staff and other residents. A housing provider may enforce leash policies to prevent potential hazards and ensure all animals in the community remain under control.
Are ESAs Allowed in Restricted Areas?
Another important distinction is that assistance animals, while not classified as pets, do not have unrestricted access to all community spaces. For example, just as a resident’s pet may not be permitted in the swimming pool, an ESA or service animal would also be restricted from that space. The underlying reason for such policies is not whether the animal is a pet but whether it aligns with safety and hygiene regulations.
When Do State Laws Apply?
Some states have laws that permit service animals to be off-leash when performing a trained task, such as guiding their handler across a street or retrieving an object. However, these laws typically apply only in areas of public accommodation—such as sidewalks, stores, or other public spaces.
When an assistance animal resides in a housing community, it is no longer in a public accommodation setting. Instead, it falls under the jurisdiction of the Fair Housing Act (FHA), which does not require housing providers to allow animals to roam freely without a leash.
Understanding the Fair Housing Act vs. ADA
One of the biggest sources of confusion is the difference between the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). These two laws serve different purposes:
- ADA applies primarily to public spaces, ensuring access to individuals with disabilities, including those with service animals.
- FHA governs housing and reasonable accommodations for individuals with disabilities, including policies related to ESAs and service animals.
Many residents and housing providers mistakenly believe these laws are interchangeable, but they are not. Under the FHA, housing providers must accommodate assistance animals, but they may enforce reasonable rules, such as leash requirements, to maintain community safety.
Key Takeaways for Property Managers
- ESAs and service animals are not subject to pet rules, but they can be required to follow reasonable control policies, such as leash laws.
- Assistance animals do not have unlimited access to all areas of a property and may be restricted from places like pools for safety and hygiene reasons.
- State laws that allow service animals to be off-leash while performing a task generally apply only in public accommodations, not in residential communities.
- The Fair Housing Act governs housing providers’ policies for assistance animals, not the ADA, which applies to public spaces.
By understanding and correctly implementing fair housing regulations, property managers can ensure they remain compliant while maintaining a safe and well-regulated living environment for all residents.
