Delaware Rules for Service vs Emotional Support Animals

Renters in Delaware living with disabilities often rely on animals for help, support, and companionship. But not all assistance animals are treated the same under rental laws. If you’re a Delaware renter, it’s vital to know the difference between service animals and emotional support animals — especially when requesting accommodations with your landlord or property manager.

What’s the Difference? Service Animals vs. Emotional Support Animals

Both service and emotional support animals (ESAs) offer help to people with disabilities. However, their roles and legal protections differ:

• Service animals are specially trained to perform tasks directly related to a person's disability (like guiding someone who is blind or reminding a person to take medication).
• Emotional support animals provide comfort, companionship, or emotional support but do not require special task training.

Under the Americans with Disabilities Act (ADA) and federal fair housing laws, service animals are typically limited to dogs or miniature horses, while ESAs can be virtually any animal as long as a healthcare professional verifies their benefit.

Delaware Law: Key Protections for Renters

Delaware’s Landlord-Tenant Code and federal law both recognize the rights of persons with disabilities to request reasonable accommodations for assistance animals.

• Landlords must make reasonable accommodations for tenants with disabilities who need a service animal or ESA.
• No extra pet fees or deposits can be charged for these animals, but tenants are responsible for damage caused by their assistance animal.
• Landlords can ask for documentation of the need for the animal — especially for ESAs — but cannot require details about the renter’s diagnosis or disability.
• Service animal requests do not require written proof if the need is obvious; ESA requests generally require a letter from a licensed health professional.

All renters must still follow basic rules (such as cleaning up after animals or ensuring animals do not threaten others).

How to Request an Accommodation for Your Animal

If you need a service animal or emotional support animal in your Delaware rental home, follow these steps to protect your rights:

1. Submit a Formal Request: Write your landlord a letter stating you are requesting a reasonable accommodation for your disability-related animal under the Fair Housing Act and Delaware law. Clearly identify whether your animal is a service animal or an ESA.
2. Include Documentation (if needed): For emotional support animals, attach a letter from a health professional stating your need for the animal. For service animals, documentation is not usually needed unless your disability or the need for the animal is not obvious.
3. Use the Correct Form: While Delaware does not have a dedicated state form, HUD Form 903.1 – Housing Discrimination Complaint Form can be used if your accommodation is denied or you face discrimination.
4. Keep Records: Save copies of your request, supporting documents, and any responses from your landlord.

Official Forms for Delaware Renters

• HUD Form 903.1 – Housing Discrimination Complaint Form
  When to use: If you believe your rights were violated and your reasonable accommodation for an assistance animal was improperly denied by a Delaware landlord.
  How to use: Fill out the form with details of the alleged discrimination and submit to HUD (instructions and mailing address included on the form). Download the official HUD Form 903.1 here.

The Delaware Division of Human and Civil Rights is the main state agency for housing discrimination. Delaware landlord-tenant disputes, including pets and accommodations, may also be brought before the Justice of the Peace Court, Delaware’s official residential tenancy tribunal.

Common Landlord Questions — and Your Rights

Landlords sometimes ask questions about assistance animals. Here are clear answers for Delaware renters:

• They cannot ask about your specific disability.
• They can request a short letter from your health provider confirming you need the animal (for ESAs) — no need to share your diagnosis.
• They cannot require extra deposits, but they can deduct for damage caused by the animal.
• They cannot deny your application or evict you just because of a service animal or ESA if you meet other rental criteria.

For more protections, see the official Joint Statement on Reasonable Accommodations under the Fair Housing Act and Delaware’s Landlord-Tenant Code, Chapter 51.

FAQs: Delaware Renters and Assistance Animals

1. Can my Delaware landlord charge pet fees or deposits for my service animal or ESA?
   No. Landlords in Delaware may not charge extra fees or deposits for service animals or emotional support animals. However, you are responsible for any damage caused by the animal.
2. What documents do I need for an emotional support animal?
   You typically need a letter (sometimes called an ESA letter) from a licensed health professional stating your need for the animal due to a disability. No specific state form is required in Delaware.
3. Can my landlord deny my assistance animal because of breed or size restrictions?
   Generally, no. Breed, size, and weight restrictions do not apply to assistance animals under federal and Delaware law unless the animal poses a direct threat to others’ safety or health.
4. Who do I contact if my Delaware landlord refuses my request?
   You can file a complaint with the Delaware Division of Human and Civil Rights or the U.S. Department of Housing and Urban Development (HUD).
5. Do rental "no pet" policies override my right to a service animal or ESA?
   No. Landlords must provide reasonable accommodation for service animals and ESAs, even with "no pet" policies.

Summary and Key Takeaways

Delaware renters with disabilities have strong protections when it comes to assistance animals. Remember:

• Service animals are specially trained; ESAs do not require special training but do require documentation.
• Landlords cannot charge pet fees or deny tenancy based on the need for an assistance animal.
• If denied a reasonable accommodation, renters can file official complaints to protect their rights.

Knowing your rights can help ensure fair and equal housing access for all Delaware renters.

Need Help? Resources for Renters

• Delaware Division of Human and Civil Rights – Handles housing discrimination and accommodation complaints. Phone: (302) 577-5050
• HUD Housing Discrimination Complaint Portal – Submit federal housing rights complaints online.
• Delaware Justice of the Peace Court – Landlord Tenant Section – Official tribunal for residential tenancies and rental disputes in Delaware.
• Delaware Landlord-Tenant Code – Full legislation text and rights under Chapter 51.

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1. Delaware Landlord-Tenant Code, Title 25 Chapter 51
2. HUD and Department of Justice Joint Statement on Reasonable Accommodations
3. Americans with Disabilities Act (ADA), Title II guidance
4. HUD Guidelines on Assistance Animals and Reasonable Accommodations
5. HUD Housing Discrimination Complaint Procedure

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