Generally no. The Fair Housing Act requires landlords to make reasonable accommodations in rules like a no-pets policy, HUD's own regulation uses a guide dog in a no-pets building as its example, and HUD's 2026 memo calls requests for trained animals "presumptively reasonable". A landlord may refuse only in narrow cases, such as a direct threat or substantial damage. A registration, certificate or ID card is not the proof a landlord relies on.
Why the Fair Housing Act (not the ADA) usually applies
The ADA's service animal rules, including the two questions a business may ask, are written for public accommodations and government services. Your home is governed mainly by the Fair Housing Act and your state's housing law. Under the FHA, refusing "reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling" is discrimination (42 U.S.C. 3604(f)(3)(B)).
HUD's regulation, 24 CFR 100.204, gives one example, and it is a service dog: "A blind applicant for rental housing wants live in a dwelling unit with a seeing eye dog. The building has a no pets policy. It is a violation of ยง 100.204 ... to refuse to permit the applicant to live in the apartment with a seeing eye dog".
Trained service dogs after the 2026 HUD memo
HUD's May 22, 2026 memo narrowed federal enforcement to trained animals, which is exactly what a service dog is. It says HUD "will use the training component of the ADA's definition for service animals to assess animal-related reasonable accommodation complaints", and that "requests to waive pet policies for animals trained to perform specific disability-related services are presumptively reasonable". A footnote notes the animal could be a species other than a dog, "provided the animal is trained".
So for a task-trained service dog, including a psychiatric service dog, the 2026 change mostly helps. For the ADA definition of a service dog, see ADA service dog laws.
State laws on service dogs in housing
Many states give service dogs housing access directly, usually with no extra charge:
- Maryland: full and equal access to housing with a service animal or an animal being trained, and no extra compensation (tenant liable for damage).
- New Jersey: full and equal access, no extra compensation, and no-pet lease clauses do not apply to a working or retired service or guide dog.
- New York: service and guide dogs are covered in "all forms of public and private housing accommodations" with no extra charge.
- Nebraska, Louisiana and Montana: full and equal access to housing, no extra compensation.
- Nevada: a landlord may not refuse to rent solely because an animal that "assists, supports or provides service" will live there. Nevada rules.
See your state's page for the details.
Can apartments ask for service dog papers?
There are no "service dog papers" to ask for. No certification exists under federal law, and a registration, ours included, is not documentation a landlord relies on. What a landlord may do when your disability or need is not obvious is ask for reliable information showing the disability and the need, as the still-posted 2004 HUD and DOJ Joint Statement describes. If your disability and the dog's role are obvious, as with a guide dog, Minnesota and Colorado say no documentation is needed at all.
Our reading of the 2026 memo, not a rule: because HUD now looks at training, a landlord may reasonably ask what the dog is trained to do. Some states let a landlord ask for proof of licensing and vaccination, which apply to every dog. See service dog certification: what's real.
Do you have to pay pet rent or a deposit for a service dog?
Usually no. A service dog is not a pet, and many state laws say so in money terms: Maryland, New Jersey, New York, Nebraska, Louisiana, Montana, California, Virginia, Kentucky, Florida, Wisconsin and Minnesota all bar extra charges for service or assistance animals. In HUD-assisted housing for elderly or disabled people and in public housing, pet policies (which include pet deposits) may not be applied to an animal needed as a reasonable accommodation. The 2004 Joint Statement also says no extra fees or deposits.
You are still responsible for actual damage your dog causes, on the same terms as other tenants.
When a landlord can say no
- The dog's presence would be a direct threat to others' health or safety, or would cause substantial physical damage (42 U.S.C. 3604(f)(9)).
- The disability or need is not obvious and you have not provided reliable information.
- The dog is not actually trained, which matters for federal enforcement since 2026.
Passing off a pet as a service dog to get housing can also be illegal. Louisiana's law covers misrepresentation to anyone who operates "a residential dwelling". See fake service dog laws.
HOAs, condos and co-ops
The Fair Housing Act reaches associations through its ban on discrimination "in the provision of services or facilities in connection with such dwelling". Courts have heard many condo assistance-animal cases, and in 2024 a New York co-op, Rutherford Tenants Corp., settled a Justice Department case over a resident's emotional support animals for $165,000 plus an offer to buy her shares for $585,000. State laws add more: Florida's definition of housing provider reaches condos and HOAs, Wisconsin names condominium associations, and Minnesota's 2025 law exempts service dogs in training from HOA and apartment rules that do not allow dogs.
Service dogs in training and apartments
The ADA does not cover dogs in training, and HUD's memo is about trained animals. Some states do: Maryland covers trainers in housing, and Minnesota's 2025 law covers dogs in training against no-dog HOA and apartment rules. See service dogs in training.
Common questions
Do apartments have to allow service dogs?
Generally yes. A no-pets rule is exactly the kind of rule the Fair Housing Act requires landlords to adjust, and HUD's regulation uses a guide dog as its example.
Do service animals count as pets in apartments?
No. Pet rules, pet rent and pet deposits generally do not apply, and many states say so by statute.
Can a landlord require service dog certification?
There is no federal certification to require. A landlord may ask for reliable information about the disability and need when they are not obvious.
Do I have to pay for my service dog in an apartment?
Not pet rent or deposits in most cases, but you pay for actual damage like any tenant.
Does the ADA apply to service dogs in housing?
Housing is mainly governed by the Fair Housing Act and state law. HUD's 2026 memo borrows the ADA's training standard for its enforcement.
Will registering my service dog help with my landlord?
No. No registry is documentation a landlord relies on, including our voluntary registry, which exists for emergency contacts and records.
Sources
- 42 U.S.C. 3604, Fair Housing Act
- 24 CFR 100.204, reasonable accommodations
- HUD FHEO enforcement guidance on animal accommodations, 2026-05-22
- 24 CFR 5.303, animals in HUD-assisted housing
- HUD/DOJ Joint Statement on Reasonable Accommodations (2004)
- DOJ consent decree, United States v. Rutherford Tenants Corp. (2024)
- Nevada NRS 118.105
General information, not legal advice. Policies and laws change; follow the sources. Last checked September 25, 2026.