Service Animals and Emotional Support Animals: Hawaii Renters’ Guide

Renters in Hawaii have important rights when it comes to having service animals or emotional support animals (ESAs) in their home. Understanding how the law defines these animals—and how landlords must accommodate them—ensures tenants with disabilities are treated fairly. This guide explores the key differences, your legal protections, and practical steps to enforce your rights across the islands.

Understanding Service Animals and Emotional Support Animals in Hawaii

State and federal laws protect renters with disabilities who require animals for assistance or support. However, service animals and ESAs are not the same.

What is a Service Animal?

• Definition: A service animal is usually a dog (or, in some cases, a miniature horse) trained to perform specific tasks for a person with a disability—for example, guiding someone who is blind or alerting someone with epilepsy to an impending seizure.
• Legal Protection: Service animals are protected under both the Americans with Disabilities Act (ADA) and Hawaii's state laws.
• Housing Law: Landlords cannot refuse a qualified service animal, even if the property has a "no pets" policy.

What is an Emotional Support Animal (ESA)?

• Definition: An ESA provides comfort to a person with a mental or emotional disability but does not require special training to perform tasks.
• Legal Protection: ESAs are not covered by the ADA but are protected under the Fair Housing Act (FHA) and Hawaii state law.
• Housing Law: Landlords must also make reasonable accommodations for ESAs with proper documentation.

Your Rights as a Renter in Hawaii

Hawaii renters with disabilities have strong protections when requesting an assistance animal. Landlords must provide reasonable accommodations unless an exception applies (for example, if the animal poses a direct threat to health or safety).

• Landlords cannot charge extra pet rent or deposits for service animals or ESAs.
• Landlords may not ask about your specific disability, but they can request medical documentation for ESAs or if your need isn’t obvious for a service animal.
• Denial of a reasonable request could be discrimination under Hawaii’s Residential Landlord-Tenant Code and the federal Fair Housing Act.

How to Request an Accommodation for a Service Animal or ESA

Accommodation requests should be made in writing to your landlord. If requesting for an ESA, you may need a letter from a qualified healthcare professional stating your need for the animal as related to your disability.

Relevant Official Forms

• Hawaii Fair Housing Reasonable Accommodation Request Form
  
  • Form Name: Request for Reasonable Accommodation
  • When Used: Use this form when you need your landlord to waive a no-pets policy or similar restriction for your medically-needed animal.
  • How to Use: Fill out the form, attach supporting medical documentation (if applicable), and deliver it to your landlord. For example, if your apartment prohibits pets and you require an ESA for anxiety, submit this form with a doctor's letter.
  • Download the official form via the Hawaii Civil Rights Commission.

If your landlord denies your request, you can file a complaint with the Hawaii Civil Rights Commission.

What if Your Request is Denied?

If a landlord refuses your request for a service animal or ESA, you can seek help and may file a formal complaint. The Hawaii Civil Rights Commission is the official body that handles residential tenancy discrimination disputes, including those about accommodations for service and emotional support animals. For guidance on filing:

• Hawaii Civil Rights Commission – official complaints and resources
• View their Housing Discrimination Complaint Form

Hawaii Law and Guidance for Landlords & Tenants

The Hawaii Residential Landlord-Tenant Code outlines landlord and tenant obligations. It works in tandem with the federal Fair Housing Act to protect renters with disabilities. Actions or policies that discriminate against those with qualified disabilities are prohibited under these laws.

FAQs: Service Animals and Emotional Support Animals in Hawaii Rentals

1. Can my landlord deny my request for a service animal?
   No. If your animal qualifies as a service animal, your landlord cannot deny your request even if there's a no-pets policy.
2. Do I have to pay extra fees or deposits for my service animal or ESA?
   No. Under the law, landlords cannot charge fees, deposits, or pet rent for service animals or emotional support animals.
3. What documentation do I need for an emotional support animal?
   You may be asked for documentation from a healthcare professional confirming your disability and need for the animal.
4. What should I do if my landlord refuses my request?
   You can file a discrimination complaint with the Hawaii Civil Rights Commission. Save all communication as evidence.
5. Are ESAs covered by the same laws as service animals in Hawaii?
   ESAs are not covered by the ADA but are protected under the Fair Housing Act and Hawaii law in housing situations.

Key Takeaways for Hawaii Renters

• Service animals and ESAs help renters with disabilities live independently and comfortably.
• Both are protected by law in rental housing, but documentation rules can differ.
• Use Hawaii’s official reasonable accommodation forms and know where to file a complaint if needed.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission – file discrimination complaints, learn about your rights
• Hawaii Residential Landlord-Tenant Code – read state tenancy regulations
• U.S. Department of Housing and Urban Development: Assistance Animal Guidance
• Request for Reasonable Accommodation (Form)

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. Hawaii Civil Rights Commission
3. HUD – Fair Housing Act and Assistance Animals
4. ADA Service Animal Requirements

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