Service Animal Disclosure Rules

Summary

In San Francisco, service animals are protected under the ADA and Fair Housing Act. Landlords cannot refuse tenants with service animals or charge pet fees. They can ask if the animal is a service animal and what work it performs but cannot inquire about the tenants disability. If a tenant does not disclose a service animal before signing, eviction based on the animals presence is not allowed, and no extra charges can be imposed. The tenant is responsible for any damage caused by the service animal.

Full Conversation

I want an application for residential contract that asks about Service animals.
Hello ****, could you please tell me your location? Laws regarding service animals in residential contracts can vary depending on the jurisdiction.
San Francisco
Hello ****, In San Francisco:
- Service animals are protected by the Americans with Disabilities Act (ADA).
- Landlords cannot refuse tenants with service animals.
- No pet fees can be charged for service animals.
- The Fair Housing Act also protects service animal owners.
- Violators can face fines and penalties.
What is a way to have tenants disclose about Service animals before signing a lease?
In San Francisco, landlords can ask if the animal is a service animal required because of a disability and what work the animal is trained to perform. However, they cannot ask about the tenant's disability.
What to do if the tenant before signing doesn’t disclose having service animal?
In San Francisco, if a tenant does not disclose a service animal before signing:
- You can't evict based on the presence of the service animal.
- The tenant can't be charged extra for the service animal.
- The tenant is responsible for any damage caused by the animal.