Nevada Renters: Service Animals vs. Emotional Support Animals

If you are a renter in Nevada and depend on a service animal or emotional support animal (ESA), it's important to understand your rights and responsibilities. Nevada law provides clear protections for tenants with disabilities, but the rules differ for service animals and ESAs. This guide explains Nevada state law, federal protections, official forms, and practical steps you can take if you need an accommodation in your rental housing.

Understanding the Difference: Service Animals vs. Emotional Support Animals

Service Animals are individually trained to perform tasks for people with disabilities—such as guiding those who are blind or alerting individuals who are deaf. They are protected under the federal Americans with Disabilities Act (ADA) and Nevada's own disability laws. Only dogs (and in some cases, miniature horses) can be considered service animals.

• Must be trained to perform specific tasks
• Landlords cannot charge pet fees or deny housing due to the animal
• Applies even in "no pets" housing

Emotional Support Animals (ESAs) provide comfort and support for a person with a mental or emotional disability, but they do not need special training. ESAs are covered under the federal Fair Housing Act (FHA), and Nevada law provides additional protections. However, ESAs are not granted the same access as service animals under the ADA.

• Must be recommended by a licensed healthcare professional
• Not required to perform specific tasks
• Landlords generally cannot charge pet fees for ESAs, but may request supporting documentation

Both types of animals are considered disability accommodations in rental housing and cannot be denied solely due to breed, size, or weight restrictions¹.

How to Request an Accommodation for a Service Animal or ESA in Nevada

Nevada renters seeking an accommodation for a service animal or ESA must make a formal request to their landlord. While there is no state-mandated form, providing written documentation helps protect your rights. Landlords may only ask for limited information to verify the disability-related need, especially for ESAs.

Supporting Documents for Your Request

• For Service Animals: No specific documentation may be required; landlords cannot require proof of training but can ask if the animal is required because of a disability and what tasks it is trained to perform.
• For ESAs: A letter or form from a licensed healthcare provider (such as a doctor, therapist, or psychologist) establishing that you have a disability and that the animal provides support. The provider does not need to specify your diagnosis or detailed medical history.

Official Nevada Accommodation Forms

• Accommodation Request Letter (sample format): Many advocacy groups recommend a simple letter or email. Include your name, rental address, statement of your disability (without specifics), and how the animal assists you.
• Nevada Fair Housing Reasonable Accommodation/Modification Request Form: Some landlords may request you use their form. You can also use this Disability Accommodation Request Form from the Nevada Judiciary if applying to Nevada courts.

Example: Anna rents an apartment in Las Vegas and relies on her ESA for anxiety. She provides her landlord with a letter from her therapist confirming her disability-related need. If the landlord asks for further medical details, Anna can refuse—only confirmation of her need is required.

Landlord Rights and Tenant Protections in Nevada

Landlords may not:

• Deny housing solely due to a tenant’s legitimate service animal or ESA
• Impose pet fees or deposits for these animals
• Apply breed, size, or weight restrictions exclusively to service animals or ESAs

However, landlords may:

• Request documentation for ESAs if the disability or need is not obvious
• Deny an animal that poses a direct threat or causes substantial property damage
• Require the animal to be under control and not disruptive

If you believe your rights are being violated, you may file a complaint with the Nevada Housing Division or make an application to the proper tribunal (see below).

What Tribunal Handles Housing Rights in Nevada?

The Nevada Justice Courts (Summary Eviction process) handle landlord-tenant disputes, including issues related to disability accommodations. For discrimination concerns, the Nevada Equal Rights Commission (NERC) investigates fair housing complaints under state and federal law.

Nevada tenancy laws regarding accommodations are outlined in Nevada Revised Statutes Chapter 118.

Steps to File a Fair Housing Complaint in Nevada

• Gather supporting documents (letters, emails, medical/provider statements).
• Complete the NERC Housing Discrimination Complaint Form online or by mail.
• Submit the form via the official website or mail with your evidence.
• Follow up with NERC for your complaint status.

FAQ: Nevada Service and Emotional Support Animals in Rental Housing

1. Can a landlord in Nevada deny my service animal or ESA?
   No, landlords generally cannot deny a properly documented service animal or ESA unless the animal poses a significant threat or causes major property damage.
2. Are pet fees allowed for service animals and ESAs in Nevada?
   No. Landlords may not charge additional pet fees or deposits for service animals or ESAs as they are considered accommodations, not pets.
3. What documents are required for an ESA in Nevada?
   You must provide a letter from a licensed healthcare provider confirming your need for the animal due to a disability. No further medical detail is required.
4. Where do I file a complaint if my accommodation request is denied?
   File with the Nevada Equal Rights Commission or with your local Justice Court for urgent tenancy matters.
5. Do Nevada tenancy laws protect all types of assistance animals?
   Yes. Both service animals and ESAs are protected, but only dogs (and some miniature horses) qualify as service animals, while any animal could be an ESA with valid documentation.

Conclusion: Key Takeaways for Nevada Renters

• Nevada law and federal fair housing regulations protect your right to have a service animal or ESA in rental housing when correctly documented.
• Landlords cannot restrict, remove, or charge fees for legitimate service animals or ESAs except under narrow circumstances.
• Promptly address any issues in writing and use official complaint procedures when needed.

Staying informed and keeping records helps ensure your rights as a Nevada renter are respected.

Need Help? Resources for Renters

• Nevada Equal Rights Commission (NERC): File Fair Housing Complaints
• Nevada Justice Courts: Tenant-Landlord Proceedings
• Nevada Housing Division: Tenant and Landlord Resources
• Nevada Revised Statutes Chapter 118: Discrimination in Housing

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1. Nevada Revised Statutes Chapter 118 - Housing Discrimination
2. U.S. Department of Justice: Service Animal Requirements (ADA)
3. HUD: Reasonable Accommodations for Assistance Animals
4. Nevada Equal Rights Commission

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