What landlords need to know about service animals in commercial buildings

On Behalf of | Jul 30, 2024 | Commercial Real Estate

Commercial building owners are no strangers to the complexities of the Americans with Disabilities Act (ADA). But when it comes to service animals, the lines can blur. As a landlord, you might be asking – what are my legal obligations, and how can I ensure that I meet them?

Welcoming service animals into your building

Under the ADA, a service animal is a dog trained to perform tasks or do work for a person with a disability. This can include guiding individuals who are blind, alerting those who are deaf or providing support for those with mobility issues.

As a landlord, you must permit service animals to your building, including communal areas and tenant spaces. This means that you cannot charge a pet deposit or fee, and you cannot impose breed or size restrictions on service animals. It is crucial to remember that service animals are not pets; they are trained professionals providing essential support to individuals with disabilities.

Ensuring ADA compliance

So, what can you do to ensure ADA compliance and create a welcoming environment for service animals and their owners? Here are four tips for you:

  • Train your staff on service animal etiquette and ADA requirements.
  • Update your leasing agreements to reflect service animal policies.
  • Provide clear signage indicating that service animals are permitted.
  • Be prepared to accommodate requests for reasonable modifications to your building.

Courts may hold you liable if your building is not accessible to people with service animals, or if your staff fails to accommodate their needs. By following these practices, you will not only comply with the ADA but also foster a culture of inclusivity and respect for all individuals, regardless of their abilities.

How a legal professional can help

ADA compliance can be complex, especially when it comes to service animals. This is why having a legal professional by your side is beneficial. An experienced commercial real estate law attorney can help ensure your building is ADA-compliant, avoiding potential lawsuits.

Remember, service animals are an integral part of many people’s lives, and by embracing their presence in your commercial building, you are opening doors to a more diverse and vibrant community.