Clear Guidelines, Confident Decisions: A Landlord’s Checklist for Service Animal Rentals

Understanding your responsibilities as a landlord in Chicago helps you avoid legal issues and support residents fairly. 

Here are the essential rules to follow when renting to residents with service animals:

Service Animals Are Not Pets

In Chicago, landlords often wonder if service animals fall under their existing pet policies. The answer is no. Service animals are legally different from pets because they perform specific tasks for individuals with disabilities. 

So, restrictions like no-pet policies, breed bans, or pet deposits cannot be applied. This rule helps protect residents with disabilities under the Fair Housing Act. 

If you're renting in Chicago, it’s important to recognize this distinction early, so you don’t unintentionally violate a resident's legal rights.

You Must Provide Reasonable Accommodation

When a qualified resident with a disability requests to live with a service animal, you're required to make reasonable accommodations, even if you normally don't allow animals. 

This means adjusting your rules to meet their needs, as long as it doesn’t create an undue burden. In Chicago, landlords are held to this standard by federal fair housing laws. It’s not about giving special treatment, but about making sure equal access to housing is available to everyone.

Verification Is Permitted, Within Limits

Chicago landlords can request verification if a resident’s disability or need for a service animal isn’t obvious. However, there are clear limits. 

You can ask for a letter from a qualified professional confirming the need for the animal, but you cannot ask for medical records or a diagnosis. 

This balance protects your rights as a landlord while also respecting the privacy of residents. Make sure your approach is respectful and compliant to avoid any legal missteps.

No Pet Fees or Deposits Allowed

Unlike pets, service animals come with legal protections that prevent landlords from charging pet-related fees. In Chicago, you cannot request a pet deposit, pet rent, or any extra cleaning fees tied to the presence of a service animal. 

That said, the resident is still responsible for covering any damage caused by the animal. This ensures fairness, residents are protected from discriminatory fees, while you still have the right to maintain your property’s condition.

You Can’t Demand Animal Training Certificates

In Chicago, service animals are not legally required to have formal training or certifications. If a resident says their dog is a service animal, and it performs a task that assists with a disability, that alone qualifies. 

As a landlord, you can’t request proof of training or ask to see the animal perform its task. This rule protects residents from being unfairly denied housing. Just focus on whether the animal meets the legal definition rather than how or where it was trained.

You May Deny the Request in Specific Cases

While you generally must accommodate service animals, you’re not without rights. In Chicago, you can deny the request if the animal poses a direct threat to others or has caused major property damage and the issue can’t be resolved with a reasonable solution. 

For example, if the dog bites other residents or repeatedly damages your property, you may be justified in saying no. Be sure to document incidents carefully and base decisions on behavior, not assumptions.

Apply Policies Consistently

Consistency is key when it comes to fair housing laws. If you're renting out multiple units in Chicago, make sure you treat all service animal requests the same way. 

That means following the same process for verification, accommodations, and any follow-up. Uneven treatment, even if unintentional, can lead to serious legal trouble. 

Keeping a clear, written policy helps you stay compliant and avoid misunderstandings. It also shows your professionalism and builds trust with residents and prospective applicants alike.

Know the Difference Between Service and Emotional Support Animals

In Chicago, it’s important to understand that service animals and emotional support animals are not the same. Service animals are trained to perform tasks directly related to a disability, while emotional support animals provide comfort but don’t require training. 

The rules for each are different. Service animals are covered under the Americans with Disabilities Act and Fair Housing Act, while emotional support animals fall mostly under housing protections. Always ask the right questions to understand which one you’re dealing with.

Residents Must Still Control the Animal

Even though service animals are protected, residents in Chicago must still keep them under control. If the animal is aggressive, noisy, or causes property damage, the resident is responsible for addressing the issue. 

You’re within your rights to request that the animal be leashed in common areas or that noise complaints be resolved promptly. Service animals aren’t above community rules. 

The key is fair enforcement and open communication, which not only keeps your property a safe, welcoming space for all, but also helps you retain responsible, long-term tenants.

Let the Experts Handle the Details

Navigating service animal rules can be tricky, but you don’t have to figure it all out alone. MTD Property Management for investors in Chicago can help you stay compliant while protecting your rental assets. 

Our team understands local regulations and how to apply them with confidence. If you’re unsure how to proceed, reach out to us to discuss your options and determine what’s best for your specific rental situation.