Tenants have told landlords and property managers the tenant’s pets are service animals to avoid paying pet deposits or to get around a no pet policy. The type of pets would vary including cats, snakes, turtles and pot bellied pigs and sometimes even chickens. Many landlords and property managers agreed to waive deposits as they did not want to discriminate against a disabled person who needed a service animal as it could result in a Fair Housing Violation. One tenant moved in a dog and 10 puppies. When the property manager told her she could not have all these pets she claimed they were all service animals. The Arizona State Legislature 11-1024 has defined what a service animal is giving landlords and property managers the exact definition. Tenants will be disappointed they can no longer claim every animal as a service animal. Service animals are not to be confused with comfort animals which this legislation does not address.
“Service animal” means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.
11-1024. Service animals; rights of individuals with disabilities; violation; classification; definitions
- Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual’s disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks.