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Did you know that discriminating against or mistreating a service dog, whether intentionally or unintentionally, can face fines of up to $1,000, imprisonment for up to two years, or both?
For landlords, navigating the complexities of service dog laws can be a delicate balancing act. On the one hand, you need to protect your property and enforce lease policies; on the other, you are legally obligated to provide fair accommodations for tenants with disabilities. Balancing these priorities can be especially challenging for you, especially if you don’t have the proper knowledge on what qualifies as a service dog and its protected rights in Oklahoma housing.
In this comprehensive guide, I’ll explain the key regulations concerning service dogs in Oklahoma and provide practical advice on handling service dog requests while safeguarding your property rights and the needs of your tenants.
What is Considered a Service Dog in Oklahoma?
According to the Americans with Disabilities Act (ADA), a service dog is a dog that is individually trained to perform specific tasks that assist a person with a disability. While dogs are the most common service animals, miniature horses may qualify in some cases if they meet ADA criteria. Unlike pets or ESAs, service dogs are highly trained animals that perform tasks to help disabled people with daily activities they are not capable of doing. These tasks are crucial for supporting a person’s disability, ensuring they can navigate their environment safely and effectively. These tasks can be:
- Guiding individuals who are blind
- Alerting individuals who are deaf
- Pulling a wheelchair
- Assisting during a seizure
- Reminding to take medication for a person with mental illness
- Calming individuals with PTSD during anxiety attacks
Type of Service Animals
- Hearing Dogs: Assist individuals with hearing impairments.
- Guide Dogs: Aid visually impaired individuals.
- Psychiatric Service Animals: Help individuals with mental health conditions.
- Seizure Alert Animals: Notify handlers of impending seizures.
- Allergen Alert Animals: Detect allergens to prevent allergic reactions.
Disqualifications for Service Dogs
Under ADA regulations, there are no breed restrictions for service dogs. However, a dog may be disqualified from being a service dog if it:
- Displays aggressive behavior or causes disruptions
- Is not housebroken
- Poses a direct risk to the health or safety of others
- Fails to respond to training or cannot perform tasks related to a disability
Knowing how to protect carpets from pets can be invaluable if you are concerned about potential damage to the properties.
Service Dogs vs. Emotional Support Animals (ESAs)
Many people confuse service animals with ESAs. While both animals are there to provide important support to people with disabilities and are commonly dogs, they serve different purposes and are thus treated differently by federal and Oklahoma state laws.
The major difference between them is that service animals are specially trained to perform tasks for people with disabilities, including those with post-traumatic stress disorder (PTSD). In contrast, Emotional support animals provide comfort and therapeutic benefits through their companionship and presence for people with mental disabilities. They are not trained to perform any special tasks. Unlike service dogs, ESAs, while valuable, do not have the same legal protections. Service animals are protected by both the Americal Act with Disabilities(ADA) and the Fair Housing Act (FHA), while ESA is protected by FHA only.
Under both Oklahoma state law and the ADA, service dogs don’t require any official certification or registration, and it is illegal to ask for such documentation. The focus is on the dog’s training and ability to perform specific tasks, not paperwork. However, for ESA, tenants need to have a valid ESA letter signed by a licensed healthcare professional.
Service Dog Laws in Oklahoma Housing
Federal Law
Federal law regarding service dogs in housing primarily falls under two key statutes:
- Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities in public spaces, including housing.
- Fair Housing Act (FHA): The FHA ensures that individuals with disabilities have equal access to housing opportunities and are free from discrimination based on sex, caste, colour, status, origin, nationality and disability.
Under both acts, you cannot reject or deny a service dog based on breed, size, or any other assumptions in Oklahoma Housing activities, even if you have a strict no-pet policy. Instead, you are required to make reasonable accommodations for individuals with disabilities. Both laws consider service animals as necessary aids and not pets. Thus, you cannot charge additional fees, deposits, or rent for service animals. There is a restriction on the questions you can ask, too. You can only ask two specific questions regarding service dog to verify it’s legitimacy:
- Is this dog required because of a disability?
- What particular tasks has the dog been trained to perform?
The ADA also outlines questions that are not permitted, such as:
- The nature or details of a person’s disability
- Proof of training, certification, or licensing for the animal
- Requiring the animal to wear special tags or vests
- Asking the dog’s handler to demonstrate its tasks or skills
As per Sarah M., Real Estate Attorney, “Many landlords misunderstand service dog laws. You can’t ask for certification, but you can request reasonable documentation if the disability isn’t obvious.”
Oklahoma-Specific Law
Oklahoma landlord-tenant law is more restrictive when it comes to assistance animals. It closely aligns with the ADA in defining service animals. It recognizes service animals as animals for individuals who are blind, deaf, or have any other physical disabilities and strictly prohibits landlords from denying tenancy or ending a lease because of the service dogs, but it excludes psychiatric service animals. However, federal law, i.e., ADA—which includes protections for psychiatric service animals—overrides state limitations.
So, if you are a property owner in Oklahoma, you must comply with both state and federal laws to ensure that individuals with disabilities, including those with psychiatric conditions, are allowed to have their service animals in housing, regardless of state-specific restrictions.
Notably, Oklahoma Statute §41-113.2(C) also specifies that landlords are not liable for injuries caused by a tenant’s assistance animal permitted as a reasonable accommodation.
Reasonable Accommodation
According to the U.S. Department of Housing and Urban Development(HUD), reasonable accommodations mean modifying or making adjustments to the existing policies and practices that help people with disabilities have equal access to housing.
As a landlord, you are obligated to provide reasonable accommodations for tenants with service dogs. This means that you must adjust your policies or procedures to allow a tenant with a disability to have service dogs in Oklahoma, even if you have a no-pet policy in place. Some examples of reasonable accommodations include:
- Allowing a service dog to reside with the tenant: Even if your property has a strict no-pets policy, service animals are not considered pets under the law.
- Waiving pet-related fees and deposits: You cannot charge additional fees, deposits, or rent for a service dog, as they are not classified as pets.
- Providing access to all areas of the property: Service dogs must be allowed in any area of the property that is open to tenants or the public.
- Adjusting restrictions: For example, if you have breed or size restrictions for animals, these cannot be applied to service dogs.
If you are considering broader pet policies, understanding the pros and cons of allowing pets in rental property can provide valuable insights.
Denial of Accommodation
Under Oklahoma Statute §41-113.1, as a landlord, you cannot deny tenancy or terminate leases based on the presence of a service dog for tenants with disabilities, including physical or psychiatric disabilities. However, there are situations where you can legally deny requests. These include:
- Direct Threat: If the service dog poses a direct threat to the health or safety of others that cannot be mitigated, you may deny the request. However, this must be based on factual evidence and not assumptions or stereotypes.
- Undue Burden: If accommodating the service dog would impose significant financial or administrative difficulties, you may be able to deny the request.
- Fundamental Alteration: If accommodating the service dog would fundamentally alter the nature of your housing services, denial may be justified.
Related Read: Can a Landlord Deny an Emotional Support Animal (ESA)?
Penalties For Service Dog Discrimination
As discussed above, people with disabilities are entitled to service dogs, and it is strictly protected under both Oklahoma state and federal laws. Tenants have the legal right to file complaints with the U.S. Department of Housing and Urban Development (HUD) or take legal action against you. If you are found guilty of violating the federal laws or Oklahoma housing laws, you may face civil penalties that can include:
- Compensation for any real financial losses suffered due to the discrimination.
- A fine of up to $1,000.
- In some cases, damages may be tripled if the violation is deemed willful.
In addition, courts may also order you to pay restitution for any costs incurred due to the discrimination, including expenses related to securing alternative housing or medical costs associated with the disability.
Furthermore, if you willfully harm the service dog or interfere with service dog laws, you may face misdemeanor charges, which include:
- A fine not exceeding $1,000,
- A sentence of up to one year in the county jail.
- Or both, in some cases
If the violation occurs during the commission of another crime (misdemeanor or felony), it can escalate to a felony, with potential penalties including:
- A fine of up to $1,000,
- A sentence in the Department of Corrections for up to 2 years
- Or both, in some cases
Note: The specific amount of damages awarded can vary based on the circumstances of each case. So, consulting with a legal professional familiar with Oklahoma’s housing laws can provide guidance tailored to individual situations.
Final Thoughts on Oklahoma Service Dog Laws
In conclusion, understanding and adhering to Oklahoma’s service dog laws is crucial for landlords to maintain a legally compliant and inclusive property management practice. While you must provide reasonable accommodations for service animals and respect the rights of tenants with disabilities, you should also pay attention to safeguarding your property.
By recognizing the legal distinctions between service dogs, emotional support animals, and pets, you not only avoid costly legal issues but also foster a welcoming environment for all tenants. Always remember that service dogs are not pets—they are essential medical aids, and protecting the rights of tenants who rely on them is not only a legal obligation for you but also an ethical responsibility. If you’re ever unsure, it’s always a good idea to consult with legal professionals to make sure your policies are up-to-date and in line with current laws and best practices. For further guidance on managing tenants with pets, refer to our article on pet screening for rentals.
Landlords Also Ask
Can a landlord refuse a service dog in Oklahoma?
No, a landlord cannot refuse a service dog in Oklahoma if the tenant qualifies under the Americans with Disabilities Act (ADA) or the Fair Housing Act (FHA). Service animals are not considered pets, and landlords must make reasonable accommodations for individuals with disabilities who rely on them. Landlords also cannot charge pet fees or deposits for service animals.
Is it illegal to ask for service dog papers in Oklahoma?
Yes, it is illegal for landlords or businesses to ask for documentation or proof of certification for a service dog. Under the ADA, service animals are not required to be certified or registered, and it is sufficient for the owner to state that the dog is a service animal trained to assist with a disability.
What are the questions you can ask about a service dog?
Under the ADA, you may only ask:
Do service dogs have to be certified in Oklahoma?
No, service dogs do not need to be certified in Oklahoma or anywhere in the U.S. The ADA does not require certification, registration, or specific identification for service dogs.
What dogs are not allowed to be service dogs?
Under the ADA, service dogs are not restricted by breed, meaning any breed can serve as a service dog if properly trained. However, dogs that exhibit aggressive behavior are untrained or cannot perform specific tasks and are not allowed as service animals.
How can you tell a real service dog from a fake?
A real service dog:
What disqualifies a dog from being a service dog?
A dog can be disqualified from being a service animal if it poses a direct threat to the health or safety of others, is not trained to perform specific tasks for an individual with a disability, has a history of aggressive behavior, or is not under the handler's control.
Author
Scott Nachatilo is an investor, property manager and owner of OKC Home Realty Services – one of the best property management companies in Oklahoma City. His mission is to help landlords and real estate investors to manage their property in Oklahoma.
