Service Animals and Emotional Support Animals: Renters’ Rights in South Carolina

Many renters in South Carolina rely on animals for support and independence. If you have a disability and use a service animal or an emotional support animal (ESA), it's important to know your specific rights under South Carolina and federal law. This guide explains the difference between service animals and ESAs, what landlords can and cannot do, and how to request an accommodation in your rental housing.

Understanding Service Animals and Emotional Support Animals

The legal protections for animals that assist people with disabilities vary depending on the animal's role. Here are the main differences:

• Service Animals: Under the Americans with Disabilities Act (ADA), a service animal is a dog (or in some cases, a miniature horse) that is trained to perform tasks for a person with a disability, such as guiding the blind or alerting someone during a seizure.
• Emotional Support Animals (ESAs): ESAs provide comfort or emotional support but are not required to have specific training for disability-related tasks. ESAs are covered under the Fair Housing Act (FHA) but not the ADA.

Your Rights as a Renter in South Carolina

Both federal law and South Carolina law protect renters with disabilities who need either a service animal or ESA. Landlords may not discriminate against you based on your disability or need for an assistance animal in most housing situations.

• No "pet fees" or deposits: Landlords may not charge extra deposits or pet rent for service animals or ESAs.
• Reasonable Accommodation: You have the right to request a reasonable accommodation so that you can keep your service animal or ESA, even if the lease says "no pets."
• Verification Allowed: Landlords can ask for documentation for an ESA or for proof you need an accommodation, but cannot ask for detailed medical information. For service animals, only two questions are allowed: is it required because of a disability, and what task is the animal trained to perform?
• Exceptions: Landlords can deny an animal if it poses a threat to others' safety or causes substantial property damage.

Relevant South Carolina Legislation and Tribunal

South Carolina rental law is primarily governed by the South Carolina Residential Landlord and Tenant Act. Official housing disputes are addressed through the South Carolina Magistrates Court, which handles landlord-tenant matters across the state.

How to Request an Accommodation for a Service Animal or ESA

If you need an animal as part of your disability accommodation, you should formally request it in writing from your landlord. Here’s how to do it:

• Step 1: Write a request letter stating that you need the animal due to your disability and are requesting a reasonable accommodation. Clearly specify whether the animal is a service animal or an ESA.
• Step 2: Provide documentation from a qualified healthcare provider, especially for an ESA, which typically requires a letter verifying your disability and the need for the animal.
• Step 3: Keep records of all communications, forms, and letters for your personal files in case you need to show proof later.

Official Forms and When to Use Them

• Reasonable Accommodation Request Form (HUD example PDF): Use this form to formally ask your landlord to allow a service animal or ESA. Include a healthcare provider's letter for ESA requests.
• HUD Housing Discrimination Complaint Form (Form 903): If your request is denied or ignored, you can file a complaint with HUD. Download the official form here. Submit it online, by mail, or by phone as instructed.

Example: If your landlord refuses to allow your ESA after you provide documentation, fill out HUD Form 903 and submit it to initiate an investigation.

Service Animal and ESA Restrictions for South Carolina Renters

There are important limits and responsibilities:

• You must still control your animal at all times and ensure it does not cause damage or disturbances.
• Landlords can deny requests for animals that are dangerous or not under control, or if your request would fundamentally alter the landlord’s business.
• Falsely claiming an animal is a service animal or ESA can have legal consequences under South Carolina law.

Summary: For both service animals and ESAs, your rights are protected, but you must follow proper procedures and meet all legal responsibilities as a tenant.

Frequently Asked Questions (FAQ)

1. Can my landlord charge me a pet deposit for my service animal or ESA?
   No, under federal law, landlords may not charge a pet deposit, fee, or rent for a service animal or an emotional support animal needed as a reasonable accommodation.
2. What documentation do I need for an emotional support animal?
   You typically need a letter from a qualified healthcare or mental health provider verifying your disability and the need for the animal. There’s no official state form—your provider’s letter is sufficient.
3. Can my landlord deny my ESA or service animal?
   Only if the animal poses a direct threat to others or would cause substantial damage. Otherwise, landlords generally must approve qualifying requests.
4. Where do I file a complaint if my rights are violated?
   If your accommodation request is wrongly denied, file a discrimination complaint with HUD’s Office of Fair Housing and Equal Opportunity or seek help through the South Carolina Magistrates Court.
5. Does the South Carolina Residential Landlord and Tenant Act mention service animals or ESAs?
   While the act does not mention them specifically, it requires landlords to comply with all federal fair housing protections, which include these animals.

Need Help? Resources for Renters

• South Carolina Residential Landlord and Tenant Act: Official state rental law
• South Carolina Magistrates Court: Handles rental disputes and tenant issues
• U.S. Department of Housing and Urban Development, Fair Housing: Federal housing rights information and complaint filing
• Disability Rights South Carolina: Free advocacy for people with disabilities

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1. South Carolina Residential Landlord and Tenant Act
2. Americans with Disabilities Act – Service Animals
3. HUD – Assistance Animals and Fair Housing
4. HUD Housing Discrimination Complaint Form 903
5. South Carolina Magistrate Court

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