Service Animals and Emotional Support Animals: Oregon Renters’ Rights Explained

Understanding the differences between service animals and emotional support animals is key for Oregon renters who need accommodations. If you or someone in your household relies on an animal for assistance, state and federal laws can help ensure you have a fair housing experience.

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

Both service animals and emotional support animals (ESAs) may help renters with disabilities, but Oregon law and federal rules treat them differently:

• Service Animals are trained to perform specific tasks for a person with a disability (like guiding someone who is blind or helping someone with mobility impairments).
• Emotional Support Animals (ESAs) provide comfort or emotional support but do not require special training.

Landlords cannot treat these animals as regular pets under the law and may not charge pet fees or deposits for them in most cases.

Legal Protections for Oregon Renters

Oregon renters with disabilities are protected by a combination of state and federal laws:

• Oregon Revised Statutes Chapter 659A (ORS 659A) prohibits housing discrimination based on disability¹.
• The federal Fair Housing Act protects the right to reasonable accommodation for individuals with disabilities².

This means landlords must make "reasonable accommodations," such as allowing a qualified service animal or an ESA, even in pet-free buildings or units.

Requesting an Accommodation: Forms and Process

As an Oregon renter, you do not need to use a specific universal form to request an accommodation for a service animal or ESA, but requests should be in writing. Many landlords use the Reasonable Accommodation Request Form, and some may have their own version. Here is the commonly referenced form:

• Form Name: Oregon Reasonable Accommodation Request (no state-assigned number)
  When/How to Use: Submit this form (or a letter with similar information) to your landlord when you are requesting an exception to a "no pets" rule because of your disability.
  Download the Reasonable Accommodation Request form (PDF)

The landlord may ask for documentation that verifies your disability (if not obvious) and your need for the animal. This can be a letter from your doctor or a qualified mental health provider.

If you are denied a reasonable accommodation for your animal, you can file a housing discrimination complaint with the Oregon Bureau of Labor & Industries (BOLI).

Official Tribunal for Housing Disputes in Oregon

If you and your landlord cannot resolve the issue, you may apply for resolution through the Oregon Bureau of Labor & Industries Civil Rights Division (BOLI), which handles housing discrimination complaints.

Common Rules for Oregon Renters with Service Animals or ESAs

• Landlords cannot charge extra pet rent or fees for service animals or ESAs.
• Landlords can require that the animal does not pose a health or safety threat and is under control.
• You are responsible for any actual damage your animal causes beyond normal wear and tear.
• Landlords can ask for documentation if the disability and need for the animal are not obvious, but they cannot require details about your diagnosis or medical history.

These rules are supported by Oregon Revised Statutes Chapter 659A and the federal Fair Housing Act.

Summary

Service animals and ESAs are protected under Oregon law, giving renters the right to request reasonable accommodations. Knowing the difference and following the correct process helps ensure your rights are recognized.

FAQ: Oregon Renters and Assistance Animals

1. Can my landlord in Oregon deny my service animal or emotional support animal?
   Landlords can only deny a request if the animal poses a direct threat to health or safety (and the risk cannot be reduced) or would cause substantial property damage.
2. Can a landlord charge me a pet deposit or higher rent for my service animal or ESA?
   No, they cannot charge additional fees, deposits, or "pet rent" for service animals or ESAs, but you may be liable for damages above normal wear and tear.
3. What documentation can a landlord legally request?
   Landlords can ask for proof that you have a disability and need the animal, usually via a letter from a health provider, but can't ask for your diagnosis.
4. Can a service animal or ESA be denied if the building has a "no pets" policy?
   "No pets" policies do not apply to service animals or ESAs when needed for a disability, under state and federal law.
5. How do I file a complaint if my request is unfairly denied?
   You can file a complaint with the Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division if you believe your rights have been violated.

Need Help? Resources for Renters

• Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division: File housing discrimination complaints and learn about your rights.
• Oregon Revised Statutes Chapter 659A (Discrimination in Housing)
• HUD Official Guidelines on Assistance Animals
• Oregon Law Help: Free legal information for renters.

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1. Oregon Revised Statutes Chapter 659A
2. Federal Fair Housing Act

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