Utah Renters: Rights for Service Animals and Emotional Support Animals

Utah renters may need to live with a service animal or an emotional support animal (ESA) due to a disability or medical need. Understanding your legal rights and responsibilities is key to ensuring fair treatment in housing. This guide explains the differences between service animals and ESAs in Utah housing, outlines the process for requesting accommodation, and connects you with official resources.

Understanding Service Animals and Emotional Support Animals in Utah Housing

Service animals and emotional support animals both help people with disabilities, but their legal status and protected rights under Utah law are distinct. Knowing the difference will help you advocate for your needs and follow required steps.

What is a Service Animal?

• Defined as a dog (or miniature horse in some cases) that is individually trained to do work or perform tasks for a person with a disability.
• Covered under the federal Americans with Disabilities Act (ADA) and Utah’s anti-discrimination laws.
• Tasks may include retrieving items, guiding people who are blind, or alerting someone who has seizures.

What is an Emotional Support Animal (ESA)?

• An animal that provides comfort or support through companionship, prescribed by a healthcare provider.
• ESAs are not required to be trained to perform specific tasks.
• Protected under the Fair Housing Act (FHA) and Utah housing law, Utah Fair Housing Act, when a proper accommodation request is made.

While both types of animals are protected, the accommodations process and allowed questions differ.

Utah Law: Your Rights as a Renter

In Utah, both federal and state fair housing laws prohibit landlords from discriminating against renters with disabilities who need a service animal or ESA. Even if a rental has a “no pets” policy, you may have the right to an exception if you follow the correct procedure.

• Landlords cannot charge extra pet rent or deposits for service animals or ESAs.
• Landlords may ask for documentation for ESAs but not for service animals except to confirm need and training for miniature horses.

These protections are enforced by the Utah Antidiscrimination and Labor Division (UALD) and HUD. Landlords must provide reasonable accommodation unless doing so would impose an undue hardship.

Requesting an Accommodation

To live with a service animal or emotional support animal, you must make a formal accommodation request to your landlord. This usually means:

• Explaining your disability-related need for the animal (you do not have to disclose your diagnosis).
• Providing documentation from a qualified medical provider or mental health professional (for ESAs).

The Utah Antidiscrimination and Labor Division has guidance and forms available for both landlords and tenants regarding fair housing accommodations for disabilities.

Official Accommodation Request Forms

• Utah Fair Housing Discrimination Complaint Form (no official number yet): Use this if your landlord denies your request or treats you unfairly.
  Utah Discrimination Complaint Form
  Example: If your landlord refuses to allow your properly documented ESA, you may fill out and submit this form to the Utah Antidiscrimination and Labor Division (UALD).
• HUD Form 903.1 - Housing Discrimination Complaint: Used to file a complaint with the U.S. Department of Housing and Urban Development (HUD) if you experience discrimination.
  HUD Housing Discrimination Complaint Form 903.1
  Example: If a property manager denies your service animal without cause, you may choose to file this federal complaint form.

What Can Utah Landlords Ask?

• For service animals, landlords can ask if the animal is required due to a disability and what tasks it has been trained to perform (but not ask specifics about your disability).
• For ESAs, landlords may require a letter from your treating medical provider, verifying the animal is needed because of your disability.

Common Challenges and How to Address Them

• Denied Accommodation: If your landlord says no, politely follow up in writing and refer to Utah’s Fair Housing Act and ADA requirements. If still refused, consider filing a formal complaint using the above forms.
• Extra Fees: Remember, landlords cannot require additional deposits or higher rent for a service animal or ESA.
• Retaliation Claims: It's illegal for a landlord to evict or threaten a tenant for exercising their accommodation rights.
  

Which Utah Agency Handles Disputes?

Formal disputes or complaints about service animal or ESA accommodations are handled by the Utah Antidiscrimination and Labor Division (UALD) and, for federally-subsidized housing, the U.S. Department of Housing and Urban Development (HUD) Utah office.

FAQ: Utah Renters and Animal Accommodations

1. Can a Utah landlord demand pet fees for a service animal or ESA?
   No. Service animals and ESAs are not considered pets under Utah or federal law, so fees and increased deposits are not allowed¹.
2. What kind of proof does a landlord need for an emotional support animal?
   Generally, a letter from a licensed healthcare or mental health professional stating the need for an ESA due to a disability is sufficient.
3. Can a landlord deny my request for a service animal?
   Only in rare cases, such as if the animal poses a direct threat to others or causes major property damage that cannot be reasonably prevented.
4. Am I responsible for my animal’s actions in my rental unit?
   Yes. Tenants must ensure their service animal or ESA does not cause undue damage or disturb other residents.
5. How do I file a fair housing complaint in Utah?
   Complete the Utah Fair Housing Discrimination Complaint Form online or by mail to the UALD.

Conclusion: Key Takeaways for Utah Renters

• Utah law protects renters with disabilities who need service animals or emotional support animals.
• Landlords must provide reasonable accommodation and cannot charge extra fees for these animals.
• For problems, document everything and contact the UALD or HUD if needed.

Utah renters should know their rights and be proactive in documenting accommodation requests to ensure smooth communication and fair treatment.

Need Help? Resources for Renters

• Utah Antidiscrimination and Labor Division (UALD) - Fair housing information, complaint forms, and help line.
• U.S. Department of Housing and Urban Development (HUD) Utah - Assistance with federal housing discrimination.
• Utah Fair Housing Act (Official Utah Code) - Complete state statute.
• ADA Service Animal Information - U.S. Department of Justice resource.

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1. Utah Fair Housing Act, Utah Code Title 57 Chapter 21
2. ADA: Frequently Asked Questions about Service Animals
3. Utah Discrimination Complaint Form
4. HUD’s Housing Discrimination Complaint Process

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