Pets vs. Assistance Animals: Understanding the Difference
For landlords in Orlando and Central Florida, it's crucial to distinguish between ordinary pets and assistance animals. Under fair housing laws, an assistance animal is not a pet[1]. This category includes both service animals and support animals (often called emotional support animals, or ESAs). Service animals (typically dogs) are individually trained to perform specific tasks for a person with a disability (for example, a guide dog for someone who is visually impaired). By contrast, emotional support animals provide therapeutic comfort just by their presence and generally require no special training[2]. Despite these differences, both service dogs and ESAs are considered “assistance animals” for housing purposes[3]. In short, if a tenant has a disability-related need for an animal, that animal is treated as an assistance animal – not a pet – in the eyes of the law.
Because assistance animals are not pets, they are exempt from typical pet rules and fees (more on that below). The federal Fair Housing Act (FHA) and U.S. Department of Housing and Urban Development (HUD) guidelines protect renters with disabilities who rely on assistance animals. As a Central Florida landlord, you must know these assistance animal rules Florida landlords need to follow to stay compliant. In the next sections, we’ll break down the key laws and how to handle ESA vs. pet screening in Orlando rental homes.
HUD Fair Housing Guidelines for Landlords in Florida
HUD’s emotional support animal policy (which applies in Orlando and across the U.S.) requires housing providers to make “reasonable accommodations” for assistance animals[4]. In practice, this means that if a tenant (or applicant) with a disability requests to live with an assistance animal, a landlord may need to waive or adjust normal pet policies to accommodate them. No-pet policies must be waived if a tenant has a legitimate assistance animal[5], and even in pet-friendly properties, pet fees or deposits must be waived for assistance animals[6]. In fact, Florida law explicitly mirrors federal law in stating the person “cannot be charged extra for the animal” – meaning no pet fee, pet deposit, or pet rent can be imposed for an ESA[7].
Landlords also cannot impose breed or size restrictions on a qualified assistance animal. HUD guidance makes it clear that an assistance animal is essentially a necessary aid for a person with a disability, comparable to a medical device or wheelchair, so normal pet restrictions like dog weight limits or breed bans do not apply[8]. The only exceptions are if a specific animal poses a direct threat or would cause substantial property damage that cannot be reduced by any accommodation[9][10]. For example, if an assistance animal has a history of aggressive behavior, a landlord could potentially deny that specific animal – but you cannot reject an animal solely due to its breed, size, or because an HOA has a blanket “no dogs” rule. All requests must be assessed on a case-by-case basis.
Finally, under the FHA and service animal housing laws, even single-family rental homes must generally comply (unless a narrow exemption applies, such as a landlord renting a small number of homes without a broker). Most Orlando landlords — especially those using a property manager or listing service — are subject to fair housing rules. This means denying a valid assistance animal request can lead to serious legal consequences. Landlords who wrongfully refuse an ESA or service animal accommodation can face fair housing complaints, with possible fines and even punitive damages for willful violations[11]. In short, understanding HUD and fair housing guidelines isn’t just good practice – it’s essential to avoid discrimination liability.
Florida’s Law on Emotional Support Animals (ESA)
Florida has its own statute (Florida Statutes §760.27) that provides additional guidance to landlords and housing providers on emotional support animals. This law, passed in 2020, was designed to clarify documentation rules and prevent abuse of ESA claims[12][13]. Under Florida law, it is unlawful to discriminate in housing against a person who has or obtains an emotional support animal, and the landlord must allow the ESA as a reasonable accommodation so long as the request is legitimate[14]. Importantly, the law confirms you cannot charge extra compensation (fees or deposits) for an ESA in Florida[7], echoing the federal rule.
Where Florida’s ESA law goes further is in specifying what landlords can ask for as proof of a disability or need for an ESA. If a tenant’s disability is not obvious, you may request reliable information to show that the person has a disability (but not details about the diagnosis or severity)[15]. Similarly, if the disability-related need for the animal isn’t apparent, you can ask for information that reasonably supports the need for that specific animal[16][17]. Florida’s statute lists acceptable types of supporting information, for example[18][19]:
Proof of Disability: e.g. a determination of disability or receipt of disability benefits from a government agency, eligibility for a disability housing voucher, or a letter from a healthcare provider (doctor, psychologist, therapist, etc.) stating that the person has a disability[18][19]. The healthcare provider should have personal knowledge of the tenant’s condition (Florida requires that out-of-state providers must have seen the tenant in person at least once)[20] for their documentation to count as reliable.
Proof of Need for the Animal: e.g. a note from a licensed health care practitioner explaining how the specific animal helps alleviate symptoms of the person’s disability (provides emotional support or assistance)[17][21]. If a tenant requests multiple ESAs, the landlord can ask for documentation for each animal and its specific purpose[22].
Crucially, Florida law forbids landlords from asking for anything beyond this “reasonable” documentation. You cannot ask for the tenant’s actual medical records or detailed diagnosis (unless they volunteer it)[15]. And while you can have a standard form or process for accommodation requests, you cannot refuse a request just because the person didn’t use your form or failed to notarize something[23]. In other words, you must be flexible and focus on the substance – does the person have a disability and a disability-related need for the animal – rather than procedural technicalities.
Florida has also taken steps to curb ESA fraud. The law explicitly states that an ID card, certificate, or “ESA registration” bought online is not sufficient proof of a disability or need, by itself[12][13]. Landlords are not required to accept such documents as valid. In fact, providing false or fraudulent ESA documentation or misrepresenting an animal as an assistance animal is now a criminal offense in Florida[24]. This means tenants (or even doctors) who fake ESA letters or “certify” pets improperly could face penalties. This provision was added to protect honest landlords and ensure that only people with legitimate needs get the accommodation[24]. As a landlord, you should still handle each request professionally, but you can take some comfort in knowing the law backs you in weeding out frivolous or fraudulent claims.
Finally, Florida law allows landlords to require routine animal care compliance for ESAs. For instance, you can request proof that the animal is properly licensed and vaccinated according to local ordinances[25]. The tenant remains responsible for any damage the animal causes, just as any pet owner would be[26]. However, you cannot charge a special pet damage deposit up front – instead, you may use the regular security deposit or seek compensation after damage occurs, if needed. The bottom line is Florida’s ESA law aligns with HUD/FHA rules while giving landlords a clearer process: you can verify the legitimacy of an ESA request within certain bounds, but ultimately, if the documentation checks out, you must accommodate the animal.
Documentation and Screening Process for ESAs
When you receive an assistance animal request, it’s normal to have questions. What documentation can you ask for, and how do you properly screen an ESA vs a pet? Here’s a step-by-step approach in line with HUD and Florida guidelines:
Require a Formal Request – Ask the tenant to submit a reasonable accommodation request (in writing is best) stating that they have a disability and need to live with their assistance animal for support. This request triggers your evaluation under fair housing rules[27]. (Tip: Keep this process separate from your normal pet screening to avoid confusion – an ESA request is handled as a disability accommodation, not as part of your pet policy.)
Evaluate Obvious vs. Non-Obvious Disability/Need – If the disability and the need for the animal are both readily apparent, do not push for documentation. For example, if an applicant is blind and has a guide dog, you should not demand a doctor’s note – it’s evident why the service dog is needed. Simply proceed to accommodation. If either the disability or the need is not obvious, then you may request limited documentation as allowed by law[15]:
If the disability itself isn’t obvious, you can ask for something verifying the person has a disability (e.g. a letter from a doctor or proof of disability benefits)[18][19].
If the disability is obvious but the need for the animal isn’t (say, a tenant has no visible impairment but claims an emotional support cat helps with their PTSD), you can ask for a note from a healthcare provider explaining the need for that particular animal[17][22].
Know What is Off-Limits – Do not ask for medical records or a detailed diagnosis[15]. Do not demand to know specifics of the tenant’s condition beyond what confirms they are disabled in some way. Also, do not require the letter to disclose the severity of the disability – only that the disability exists and the animal helps with it[15]. Remember, information should come from a reliable source: a licensed medical or mental health professional who is familiar with the tenant’s condition (Florida’s law even requires out-of-state doctors to have seen the tenant in person at least once)[20][28]. Be cautious with any generic form letters or online certificates; as noted, an “ESA registration” or internet certificate alone is not reliable proof[13][29].
Consider Using a Third-Party Screening Service – Many landlords in Orlando and beyond use specialized pet screening platforms that handle assistance animal verifications. These services (such as PetScreening) will contact the tenant’s health care provider to validate the ESA documentation and ensure it meets HUD guidelines[30][31]. While not required, a third-party screening process can standardize how you handle requests and provide an added layer of diligence (just make sure any such service does not charge the tenant, as that could be seen as an illegal fee for an accommodation). Whether you use a service or do it yourself, apply the same procedures for every applicant to avoid any appearance of discrimination. Consistency is key.
Document Your Decision – Once you have sufficient info, promptly notify the tenant of your decision in writing. If approved, outline any reasonable rules (for instance, that the animal must be kept under control, or that vaccination records were provided). If you believe you must deny the request (for a legally valid reason like the animal poses a direct threat or the documentation was insufficient), it’s wise to consult legal counsel first and then clearly communicate the specific reason for denial to the tenant[32][33]. Keep records of all correspondence and documents in case your decision is later challenged.
By following these steps, you can perform an ESA vs pet screening in your Orlando rental property that is thorough yet compliant. The goal is to verify genuine assistance animal requests without overstepping legal bounds. When in doubt, remember the guiding principle: if the request is legitimate and reasonable, you should accommodate it.
No Pet Fees, Deposits, or Breed Restrictions for Assistance Animals
One of the most common areas of confusion is how pet-related policies (fees, deposits, breed bans, etc.) apply to assistance animals. The short answer: they generally don’t. An assistance animal is not subject to pet fees or pet deposits under the law[7]. You cannot charge extra rent or a non-refundable fee for a service dog or ESA, even though you might normally charge these for pets. Treating an assistance animal like a regular pet in this way would be viewed as discriminatory. The Fair Housing Act requires that landlords waive such fees as a reasonable accommodation[5]. (However, if the animal does cause damage, the tenant can be held liable for repairs – just as any tenant would be for damages – and you can deduct from the standard security deposit or seek payment after the fact[26].)
Breed and size restrictions also cannot be used to exclude assistance animals. Many central Florida landlords have restrictions like “no dogs over 30 lbs” or breed bans (for instance, some HOAs in upscale communities like Windermere might prohibit breeds such as pit bulls or rottweilers for pets). Such rules must be set aside when it comes to an approved assistance animal[8]. Fair housing authorities have repeatedly stated that an assistance animal should be seen as an extension of the tenant’s disability aid – “akin to a wheelchair,” as one legal expert put it[8]. That means a dog’s breed or weight is irrelevant unless the specific animal has shown dangerous behavior. For example, a large dog like a German Shepherd or a pit bull that serves as an emotional support animal cannot be disqualified just because of breed stereotypes or an HOA’s pet policy[8]. Only if that individual dog has a history of aggression or poses a proven threat could you consider denying the accommodation[10]. Even insurance company breed restrictions often do not justify an automatic denial – HUD expects landlords to seek alternatives (such as a different insurance provider or rider) rather than flatly refuse an assistance animal due to insurance concerns. In summary, breed, size, and other blanket pet rules generally have no bearing on assistance animals – each animal is evaluated on behavior and necessity, not on what type of pet it is.
Central Florida Examples: HOAs in Windermere & Vacation Rentals in Kissimmee
To illustrate how these rules play out locally, let’s look at a couple of scenarios common to Orlando and Central Florida landlords:
HOA Restrictions in Windermere: Windermere and similar Central Florida communities often have homeowner associations with strict pet rules – perhaps limiting dogs by size or number, or outright banning certain pets to preserve neighborhood aesthetics. Suppose you own a single-family rental home in a Windermere HOA that has a “no pets over 20 lbs” rule, but your new tenant has a 50 lb Labrador as an emotional support animal for their diagnosed anxiety. Neither you nor the HOA can enforce the weight rule in this case. HOAs must also comply with fair housing laws regarding assistance animals[34][8]. You should notify the HOA (if required by HOA rules) that your tenant has an assistance animal as a reasonable accommodation. The HOA cannot override this with its pet policy – the ESA is allowed despite the weight limit. If the HOA attempted to fine you or the tenant, it could face legal action for discrimination. In one Florida case, a condo association that denied a resident’s ESA was sued by county authorities and faced significant penalties[35][36]. The lesson: in communities from Windermere to Winter Park, landlords and HOAs need to work together to accommodate assistance animals, or face potential lawsuits.
Tourism-Area Rentals in Kissimmee: Many single-family homes in Kissimmee (and neighboring areas like Davenport) serve as rental properties for tourists or short-term visitors, given the proximity to Disney World and other attractions. Others are long-term rentals serving hospitality industry workers. In both cases, landlords might be tempted to treat all animals as “pets” due to frequent travelers or high turnover. However, be aware that service animal housing laws in Orlando apply even to short-term rentals in many situations. For example, if you rent your Kissimmee property on a 6-month lease to an employee of a theme park who has a service dog, you must accommodate that service dog just as any landlord would for a long-term tenant. Even in a short-term vacation rental context (say you allow 1-week rentals), ADA rules (Americans with Disabilities Act) may classify your home as a lodging public accommodation, which requires allowing service dogs with no extra fee. While emotional support animals are not covered by ADA for public accommodations, if your short-term guest has an ESA and your home booking falls under FHA (this can be a gray area depending on rental length and arrangement), it’s safest to err on the side of allowing the ESA without fees, or you risk discrimination claims. Moreover, Central Florida’s tourist rentals often operate in resort-style communities with their own pet rules; these communities too must make exceptions for assistance animals. A practical tip: clearly communicate with any prospective tenant or guest about your pet screening in Orlando – let them know genuine service animals and ESAs are welcome (with proper documentation for ESAs), but that pets require standard approval. This transparency can encourage tenants to be upfront about assistance animals early. By embracing the rules even in the unique tourism rental market, you both comply with the law and open your property to a wider range of responsible renters.
Avoiding Legal Pitfalls When Handling Assistance Animals
Landlords who improperly deny or restrict assistance animals can land in legal hot water. Both HUD and the Florida Commission on Human Relations (the state agency enforcing housing discrimination laws) actively investigate complaints in this area. Some common pitfalls and how to avoid them:
Outright Denial Without Evaluation: Saying “no pets, no exceptions” is a recipe for a discrimination complaint if the tenant’s animal qualifies as an assistance animal. Always engage in the interactive process: request any needed information about the disability/need, and seriously consider the accommodation. A South Florida condo association learned this the hard way when it summarily rejected an ESA request without asking for additional documentation – they were sued for failing to even discuss a reasonable accommodation[37][34]. As a landlord, never ignore or flatly refuse an assistance animal request; examine it case-by-case.
Demanding Unnecessary Proof or Fees: Another pitfall is asking for improper documentation or trying to charge fees. For instance, requiring a tenant’s entire medical history or insisting they use a specific form notarized by a doctor will likely violate Florida law (which prohibits such onerous requests)[23]. Charging a “pet fee” and claiming it’s for extra cleaning of an ESA is also illegal. Stick to the allowed documentation guidelines and don’t impose special fees or deposits. If you’re uncertain about a letter’s validity (say it looks like a quick online print-out), you can verify the provider’s license and even call to confirm the letter. Just do so consistently and without harassing the tenant.
Ignoring the Direct Threat Exception: On the flip side, landlords sometimes err by thinking they must accept any and all animals. You can refuse an animal if it poses a direct threat to others or would cause substantial property damage that can’t be mitigated[9][10]. But this must be based on specific evidence, not speculation or bias. For example, if an assistance dog has a documented history of biting neighbors in a previous residence, you might have grounds to deny it (or require certain safety measures) – document those reasons. Always communicate your concerns and see if a solution exists (muzzle? training? insurance rider?) before denying. If you do deny on direct-threat grounds, be prepared to show objective proof of the issue if challenged.
Retaliation or Differential Treatment: Avoid any actions that could appear retaliatory. If a tenant is granted an assistance animal, treat them like any other tenant. Don’t, for instance, move them to a different unit or charge them for carpet cleaning periodically “because of the animal.” Such conduct could be deemed discriminatory. Likewise, other tenants might complain (“Why does that renter get to have a dog when we can’t?”); you as the landlord should not reveal the tenant’s disability, just explain that the animal is not a pet and is permitted by law. Consistency in enforcing pet rules for non-disabled tenants, while exempting assistance animals, will show you’re following the law fairly.
Keep in mind that fair housing complaints can result in significant penalties. HUD may impose civil fines, and individuals can sue for damages and attorneys’ fees. As noted earlier, landlords can face fines and punitive damages for refusing reasonable accommodations[11]. In Florida, a housing discrimination case could also be referred to the state Attorney General or local authorities. None of these are headaches you want as a property owner. It’s far better to err on the side of accommodation and then seek professional guidance if you truly believe an exception (like a dangerous animal) applies.
Staying Compliant with a Professional Partner
Navigating the maze of assistance animal rules for Florida landlords can be challenging, especially in areas like Orlando with high demand and various local regulations. That’s where partnering with a knowledgeable property management firm can make all the difference. An experienced property manager stays up to date on HUD emotional support animal policy, Florida’s latest statutes, and evolving case law – so you don’t have to. They can implement a consistent screening process for ESAs vs pets, handle communications with tenants and HOAs, and ensure all documentation and decisions are properly handled.
For example, Ackley Florida Property Management (based in Central Florida) is a company that helps landlords remain compliant with fair housing laws while protecting their investments. Professionals like Ackley can handle ESA requests correctly from start to finish – verifying letters from licensed providers, reminding HOAs of their obligations, and making sure no improper fees are charged. They also educate property owners on best practices so that you won’t accidentally slip into a violation. In communities from Kissimmee to Windermere, having a seasoned property manager means you can confidently welcome tenants with service animals or ESAs, knowing you’re following the law and avoiding legal pitfalls.
ESA vs. Pet Screening in Orlando doesn’t have to be a ordeal. With the right knowledge and partners, you can accommodate renters who need assistance animals while still maintaining a safe and profitable rental property. By understanding the distinctions between pets and assistance animals, adhering to HUD and Florida guidelines on documentation, and adjusting your policies (no pet fees or breed bans for assistance animals), you’ll foster an inclusive rental business that stands on the right side of the law. In doing so, you not only avoid hefty penalties but also expand your pool of responsible tenants – a win-win for you and the Central Florida community you serve.
Sources:
U.S. Department of Housing and Urban Development – Assistance Animals in Housing[38][5]
HUD Notice FHEO-2020-01 – Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation[3][11]
Florida Statutes §760.27 – Housing for Persons with Emotional Support Animals[39][20]
Florida Realtors® – Emotional Support Animal Law: What’s It All Mean?[7][15]
Siegfried Rivera Law – ESA Denial Sends Message to HOAs[40][10]
J. Courtney Cunningham, PLLC – When Can a Landlord Legally Reject an ESA?[32][33]
[1] [4] [5] [6] [38] Assistance Animals | HUD.gov / U.S. Department of Housing and Urban Development (HUD)
http://www.hud.gov/helping-americans/assistance-animals
[2] HOAs & Emotional Support Animals in Florida | Advanced Management Inc
https://www.amiwra.com/blog/hoas-and-emotional-support-animals-in-florida/
[3] hud.gov
http://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf
[7] [12] [13] [14] [15] [16] [17] [18] [19] [21] [22] [23] [29] Emotional Support Animal Law: What’s It All Mean? | Florida Realtors
[8] [10] [34] [35] [36] [37] [40] Article by Elizabeth Bowen in Today's Daily Business Review: "Suit Against Association for Emotional Support Animal Denial Sends Message to Fla. Condos, HOAs" - Siegfried Rivera
[9] [20] [25] [26] [28] [39] Chapter 760 Section 27 - 2024 Florida Statutes
https://m.flsenate.gov/Statutes/760.27
[11] [27] [32] [33] When Can a Landlord Legally Reject an ESA? | J. Courtney Cunningham, PLLC
https://cunninghampllc.com/blog/when-can-a-landlord-legally-reject-an-esa/
[24] Gov. DeSantis Signs Law to Address Emotional Support Animals in Housing | Carlton Fields
[30] Help Center - PetScreening
https://www.petscreening.com/help-center
[31] Hi everyone, I tried submitting my ESA letter to my apartment ...
https://www.facebook.com/groups/1539227269671655/posts/3882586032002422/
