According to recent reports, 60% of reasonable accommodation requests filed nationally were related to emotional support animals or service animals. Salt Lake City, like the rest of the nation, has also seen a rise in Fair Housing complaints related to disability and assistance animals in recent years, underscoring the need for improved landlord education.
Some Salt Lake City landlords still think a “no pets” rule covers everything. It doesn’t.
Federal laws like the Fair Housing Act and the Americans with Disabilities Act make big exceptions for service animals and emotional support animals. These aren’t just pets. And if you treat them like pets, you could end up in legal hot water.
So here’s the deal: you need to know the difference between service dogs vs. pets vs. an emotional support animal. Determining when you can charge pet deposits, when you can’t, and what kind of reasonable accommodation is legally required.
This guide clears it up, just what Salt Lake landlords need to protect their rental property, follow the law, and avoid costly mistakes.
What Sets Service Dogs, Emotional Support Animals, and Pets Apart in Rental Housing
Under federal housing and disability laws, not all animals are created equal. That’s where the difference between service dogs vs. pets becomes more than just a label; it’s a legal distinction.
Here’s what makes them different:
- Service dogs are individually trained to perform specific tasks to assist people with disability. This could be anything from guiding someone with low vision to detecting seizures or calming someone during a PTSD episode.
- Emotional support animals (also called support animals or emotional support dogs) aren’t trained for tasks, but they help relieve symptoms of mental health disabilities like anxiety or depression.
- Pets are just that, pets. No special training. No legal protection. Just furry friends.
Key Point: Under federal laws, you can’t treat service animals or emotional support animals the same as pets, even if they look the same as pets in your rental property.
Emotional Support Animals and Service Animals: What You Can and Can’t Do
If a tenant tells you they have a service dog or an emotional support animal, you’re not allowed to say “no” or charge extra because of your pet policy.
Under the Fair Housing Act, if a tenant has a mental health disability diagnosed by a medical professional, and the animal helps alleviate symptoms, the tenant may qualify for a reasonable accommodation. This includes:
- Allow the animal, even if your property has a “no pets” rule
- Waive pet fees, pet deposits, and pet rent
- Accept animals of any breed, size, or weight
But there are limits:
- You can’t ask for specialized training proof for emotional support animals
- You can’t deny a request just because the animal isn’t a dog. Miniature horses count under ADA
- You can’t demand details about the tenant’s condition
Pro Tip: Knowing the difference between service dogs vs. pets helps you avoid legal slip-ups. The key is whether the animal is specifically trained to perform a task (service animal) or recommended by a licensed professional to support a person’s disability (ESA).
What Counts as “Proper Documentation”?
The good news is that landlords do have rights, too. If a disability is not obvious, you can ask the tenant for:
- A letter from a medical professional saying the tenant has a mental health disability
- A note that the animal helps with that disability
What you can’t ask for:
- Specific diagnosis or treatment details
- A certificate showing the animal is “registered” (there’s no official registry under federal law)
- Proof of task performance, unless it’s a service dog
Understanding the difference between service dogs vs. pets is important here because proper documentation requirements vary depending on the type of animal and its role in assisting the tenant.
Pet Fees, Pet Rent, and Deposits: Where Landlords Cross the Line
In 2025, the average pet fee in Salt Lake City is around $250 to $500, with pet rent ranging from $10 to $60/month, depending on the property.
But here’s the bottom line:
The distinction between service dogs vs. pets makes all the difference when it comes to fees. You cannot charge any of this for service dogs or emotional support animals. These are not “optional” pets. They’re part of a tenant’s healthcare plan or disability support.
If you charge a non-refundable fee or rent for a service or support animal, you may be violating the Fair Housing Act and could face fines, legal action, or both.
When You Can Say No
It’s rare, but there are cases where you can deny a request. These include:
- The animal poses a direct threat to others or property
- It causes excessive damage or aggressive behavior
- You suspect the request isn’t legit, but only if you have documentation to back it up
Pro Tip: Before making a decision, keep in mind the importance of service dogs vs. pets distinctions. If you're unsure, talk to a property manager or legal advisor before rejecting any emotional support or service animal or emotional accommodation request. That’s a problem TierOne Real Estate can help solve.
Avoid Legal Trouble Over ESA: Get Help from Salt Lake City Property Management Experts
Let’s be real. It’s easy to assume every animal is just a pet. But in the rental world, that assumption can land you in legal hot water fast. Knowing the difference between a service dog, an emotional support animal, and a regular pet isn’t optional. The rules are tight, the laws are specific, and the risk of messing up is high. That’s why TierOne Real Estate is here to help Salt Lake City landlords cut through the confusion and keep things clean and legal.
Here’s what we bring to the table:
- Straightforward, legal pet and animal policies
- Help handling accommodation requests the right way
- Clarity on federal, state, and local laws (without the legalese)
- Support managing everything from emotional support dogs to therapy animals, even miniature horses
You don’t have to figure this out alone. Whether you’re unsure about charging pet rent, stuck on documentation, handling noise complaints, or just want to avoid a Fair Housing complaint, we’ve got your back.
Need backup? Reach out to TierOne Real Estate and let’s make sure your rental policies are solid, smart, and stress-free. Get in touch with us today!
FAQs
Can a landlord allow or deny a therapy dog in a rental property?
No, landlords aren’t required to allow therapy dogs. Unlike service animals and emotional support animals, therapy dogs are not protected by the Federal Fair Housing Act or the ADA. Therapy dogs usually visit facilities like nursing homes or schools, but don’t have housing rights.
Can landlords request proof of a support animal’s vaccinations or health records?
Yes. Under HUD guidance, a landlord may request documentation showing a support animal is vaccinated and healthy, as long as that request applies equally to all tenants with service or emotional support animals. However, you cannot charge extra fees or deposits for these protected animals.
Are any animals besides dogs or miniature horses ever allowed as service animals?
Typically no. Under the ADA, only individually trained dogs qualify as service animals, but miniature horses are an exception. Other species (cats, birds, etc.) can qualify as emotional support animals, but not as service animals under federal law.
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