Assistance Animals In South Carolina
US Fair Housing Act (42 U.S.C. sections 3601 and following) and the SC Fair Housing Law (SC Code sections 31-21-10 and following): both of these laws make it illegal for a landlord to bar people with disabilities from having an animal to assist them in an apartment or other type of housing. These laws include both Service Dogs and Emotional Support Animals and refer to them, generally, as “Assistance Animals.”
As for Service Animals, a landlord cannot enforce a “No Pet” rule if the person needs a Service Dog trained to help the person with tasks related to the person’s disability. This is like the ADA law. Fair housing laws go beyond the ADA and allow other animals besides dogs as Assistance Animals. Service Animals are limited to dogs and miniature horses. As for Emotional Support Animals, tenants are allowed to have an Emotional Support Animal to comfort them. An ESA does not need to be trained to help with a specific task. Under the fair housing laws, no specific type of animal is required for Emotional Support Animal.
Fair housing laws broadly cover many types of housing, including apartments and public housing, single family units and condominiums with homeowner associations, and even city zoning rules that affect people with disabilities. Mobile home parks are covered. College residence halls are subject to fair housing laws as well as the ADA. You have a right to have an Assistance Animal in both your living area and in common areas like laundry rooms or post office areas. See the Disability Rights South Carolina website for a fact sheet about accommodations in colleges and universities.
Short-term hotel/motel rentals of less than 30 days (such as for vacation or job assignment) are normally considered temporary lodging covered by the ADA. The Fair Housing Act is meant to cover someone’s residence. Note: Renting a hotel/motel/resort unit on a long-term basis may qualify as a residence; please consult with an attorney about your specific case.
The Fair Housing Act covers almost all residential housing properties that are sold or leased. There are exceptions. Please refer to the Fair Housing Act for descriptions of the types of housing that are not covered. Among other things, the Fair Housing Act does not govern religious organizations and private clubs that limit occupancy to members.
Housing providers (landlords and property managers) must waive any “No Pet” rule and make other accommodations necessary for a Assistance Animal (Service Animal or Emotional Support Animal). Housing providers may not charge a “pet” deposit. However, tenants are financially responsible for any harm caused by their Service Animals or Emotional Support Animals. Housing providers may request that a person provide reasonable documentation, from a medical provider, of the need for an Assistance Animal. When the disability is not obvious the housing provider may request reasonable documentation of a disability but may not inquire into the nature of the disability.
The Fair Housing Act also prevents discrimination by homeowner associations or city zoning authorities that would prevent someone from having a Service Animal or Emotional Support Animal.
For example, in Ohio, a city ordinance outlawed miniature horses. In one case a little girl used a miniature horse to help her balance and develop play skills. It was kept in the backyard of her house. The city said keeping any horse on those premises violated city ordinances. But a federal circuit court said the child had a right to sue the city (Anderson v. City of Blue Ash Aug 14, 2015 (798 F.3d 338). The case was later settled, with the child keeping the horse.
Tips
You should look over your lease or homeowner rules and see if it has a No Pet policy or charges special deposits for pets. If so, you should make a request to the landlord or your homeowner association if you need: a Service Animal (trained to do a task for you that is related to your disability) or an Emotional Support Animal (to comfort you due to an emotional disability).
You may request an Assistance Animal as an accommodation at any time.
No, there is no special form you need to request an accommodation for an Assistance Animal. It is recommended that your request be in writing. You should keep a copy of your request. Your request should explain that you have a disability, but you do not need to explain the nature or details of your disability as the landlord does not have a right to know any details of your disability. You should explain why you need your Assistance Animal.
If your disability is obvious you should your housing provider should not need a statement from a health care provider. If your disability is not obvious, your housing provider may request reasonable documentation that you have a disability. Your housing provider may request a letter from your health care provider explaining your need for an Assistance Animal. If you need to get a statement, there is no special form that your health care provider has to use. A health care provider includes a physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse. The landlord may not require you to use a specific health care provider.
It is recommended that you use your regular health care provider. Documentation may be reliable where provided by a licensed health care professional delivering health care services remotely such as by teleconference or “telehealth” over the internet. However, you should not use websites that sell certificates, registrations, or licenses to anyone who answers certain questions or participates in a short interview and pays a fee. These may not be credible documents. If your landlord denies your request or does not answer, seek legal help or make a complaint (see “How to Enforce your Legal Rights” at the end of this resource manual).
Questions
Yes. It is legal for a person to have more than one animal or for different purposes.
The law does not say what kinds of Assistance Animals may be used in housing. However, domestic animals commonly kept in households are allowed. This is consistent with the definition of an Emotional Support Animal. If the animal is a dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure, then a landlord should grant the reasonable accommodation. However, reptiles (other than turtles), barnyard animals, monkeys, kangaroos, and other non-domesticated animals are not considered common household animals. If a special kind of animal is needed, your health care professional should state why you need it.
No, the person with a disability is responsible for feeding, maintaining, providing veterinary care, and controlling his or her Assistance Animal. The person may do this on his or her own or with the help of family, friends, volunteers, or service providers. If the animal is outdoors to relieve itself, the owner is responsible for cleanup to avoid threat to the health of others.
Yes. However, the Fair Housing Act does not require an accommodation or lease modification if the animal poses a direct threat that cannot be eliminated or reduced to an acceptable level through actions the person takes to maintain or control the animal.
Federal law does not exempt Assistance Animals from any state/local requirement to be vaccinated against rabies or other disease. Similarly, if your town requires dogs to be licensed, you will need to comply.