Assistance Animals in Landlord-Tenant Relationships

Many landlords, regardless of if they do or do not allow pets within their rental properties, eventually encounter a situation involving a tenant requesting accommodations for an “assistant animal”, usually accompanied by a letter stating the tenant is in need of the animal due to a physical, mental, or emotional disability. The term Assistance Animal covers both those animals that works, provides assistance, or performs tasks for those physically disabled or provides emotional support to alleviate symptoms of a mental and/or emotional disability. Most landlords are aware before renting a property whether or not their tenant requires an animal for a physical disability, but may be caught unaware receiving a letter from the tenant purporting that their previously undisclosed pet must be accepted by the landlord as an Assistance Animal for a mental or emotional disability. Fortunately for landlords, Kentucky legislature incorporated Assistance Animals in to the Kentucky Revised Statutes governing landlord-tenant relationships in KRS 383.085. Within this statute, Kentucky Law provides that disabled persons may request reasonable accommodations for Assistance Animals, and that landlords have the right to require reliable documentation be provided by the tenant proving the physical or therapeutic purpose of the animal from either (a) a mental health service provider; (b) an individual or entity with a valid, unrestricted state license, certification, or registration to serve persons with disabilities; or (c) a caregiver, reliable third party, or a government entity with actual knowledge of the person’s disability.  If you are a landlord confused about what your rights or responsibilities might be regarding tenants and their pets reach out to the attorneys at Wetterer & Clare.