Washington Renters: Service Animals vs. Emotional Support Animals Explained

If you’re a renter in Washington, you may be wondering about your rights and your landlord’s responsibilities when it comes to service animals and emotional support animals (ESAs). Both can be essential for people with disabilities, but the laws, forms, and procedures to request housing accommodations can be different. Here's what you need to know, explained in clear, renter-friendly language.

Understanding the Difference: Service Animals vs. Emotional Support Animals

In Washington, the distinction between a service animal and an emotional support animal is important because it affects your rights as a renter and your landlord’s obligations.

• Service Animal: Defined by the Americans with Disabilities Act (ADA), a service animal is typically a dog (or sometimes a miniature horse) trained to perform specific tasks for a person with a disability. Examples include guiding someone who is blind, alerting a person who is deaf, or pulling a wheelchair.
• Emotional Support Animal (ESA): These animals provide comfort or emotional support to people with mental health disabilities but are not required to have special training.

The Washington State Landlord-Tenant Act and federal laws like the Fair Housing Act (FHA) protect renters who require either type of animal as a reasonable accommodation for a disability.^[1]

Your Rights as a Renter in Washington

Under the Federal Fair Housing Act and Washington state law, landlords may not refuse to rent to you or evict you for having a service animal or ESA, even if they have a "no pets" policy. However, rules and the documentation needed can differ between these two categories.

Service Animals in Washington Housing

• Landlords can ask if the animal is required because of a disability and what tasks it is trained to perform, but may not require documentation of the disability itself.
• Landlords cannot charge pet rent or extra deposits for a service animal.
• The animal must not be disruptive or a threat to others.

Emotional Support Animals in Washington Housing

• Landlords may request documentation from a healthcare provider stating that you have a disability and need an ESA as part of your treatment. This typically takes the form of a letter.
• Pet deposits and fees cannot be charged for ESAs, though you are still responsible for any damages caused by your animal.
• The request for an ESA must be considered a "reasonable accommodation." Landlords may deny the request if the animal would pose a direct threat or cause major damage to property.

For both types, landlords cannot impose breed or size restrictions if the animal is needed as an accommodation for a disability.

Requesting a Reasonable Accommodation: Forms & How-To

If you need a service animal or ESA, you must request a reasonable accommodation from your landlord. This usually means submitting a written request and supporting documentation.

• Form Name: Reasonable Accommodation Request (no official state number, but many local housing authorities provide templates).
• Sample Reasonable Accommodation Request Form from the Washington State Housing Finance Commission.
• When to Use: Submit this form when you are seeking permission for a service animal or ESA in housing with a "no pets" policy or other restrictions.
• Practical Example: If your apartment does not allow pets, but you require an ESA due to anxiety or depression, you would use this form (or a similar letter) to formally ask your landlord to make an exception as a fair housing accommodation.

If a landlord denies your request, or you experience discrimination, you can file a complaint with the Washington State Human Rights Commission (the state agency handling housing discrimination).

Steps to Request an Accommodation

• Contact your landlord in writing, explaining your need for the animal due to a disability.
• If asked, provide documentation from a healthcare or mental health professional supporting your need for a service animal or ESA (especially for ESAs).
• Use a form like the Reasonable Accommodation Request to structure your request.
• Keep copies of all communication with your landlord regarding your request.

Legal Protections and Legislation

• Washington Residential Landlord-Tenant Act (RCW 59.18)
• Washington Law Against Discrimination (RCW 49.60)
• Official WA Landlord-Tenant Information
• HUD Guidance on Assistance Animals in Housing

These laws protect your right to have assistance animals and explain how both renters and landlords should address accommodation requests.

FAQ: Renters and Assistance Animals in Washington

1. Can my landlord deny my service animal or ESA?
   Landlords must consider all accommodation requests, but they can only deny if the animal would cause significant property damage, pose a safety risk, or create undue hardship.
2. Do I have to pay a pet deposit for my assistance animal?
   No. Under federal and state law, service animals and ESAs are not considered pets and landlords cannot collect extra pet deposits or fees for them.
3. What documentation do I need for an ESA?
   Typically a letter from your healthcare provider describing your need for the animal. The landlord cannot require details about your actual diagnosis.
4. Where do I file a complaint if my rights are violated?
   You can file directly with the Washington State Human Rights Commission or the U.S. Department of Housing and Urban Development.
5. Are there restrictions on animal types or breeds?
   Generally, no, unless the animal poses a threat or is prohibited by local law. Assistance animals are protected regardless of breed.

Conclusion: Key Takeaways for Washington Renters

• Know the difference between service animals and ESAs – service animals are specially trained, ESAs provide emotional support.
• Both are protected under state and federal law; landlords can’t charge extra fees or deny accommodations for qualifying renters.
• If faced with resistance, use a written accommodation request and seek help from the Washington State Human Rights Commission.

A clear understanding of your rights and responsibilities can make navigating the process of requesting an assistance animal much easier for both you and your landlord.

Need Help? Resources for Renters

• Washington State Human Rights Commission – file discrimination complaints and get housing guidance.
• WA Department of Licensing: Landlord-Tenant Information
• Washington Law Help – Housing Resources
• HUD: Housing Discrimination Complaint Process

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1. See Washington Law Against Discrimination (RCW 49.60) and Washington Residential Landlord-Tenant Act (RCW 59.18)

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