Can I Keep a Pet?

Many landlords have enforceable "no pet" rules. But even in those places, you may have a right to keep an animal. Different kinds of housing have different rules.

• If you live in public housing, you have the right to a pet.
   
• If you live in subsidized housing and meet the definition of elderly or disabled, you have the right to a pet.
   
• If you have a service animal, you have the right to keep it with you. A service animal is an animal specially trained to help you with a disability.
   
• If your animal is not a service animal, but you are disabled and need it to help you because of your disability, then you might have the right to keep it. The answer depends on the facts of your case. You may be asked to prove your disability and how it links to your need for the companion animal.
   
• Most cities have laws about what kind of animal you can have and how many you can have.

There are specific laws that apply to tenants with pets in public or subsidized housing. If you live in public housing, or if you are elderly or disabled in subsidized housing, then you may keep a pet. Your landlord can set reasonable rules about pets. Including where you can take your pet and how you must clean up after it.

Before you get a pet, get a copy of the pet policy from your housing authority or landlord and make sure you can follow it. Landlords often charge fees for a pet. If they charge a pet fee, they have to say that in the pet policy.

If you have a vision or hearing impairment, or sensory or physical disability, Minnesota laws give you the right to keep a service animal. A service animal is an animal that has been specially trained to help you with your disability. The landlord can't charge you any pet fees. But you will have to pay for any damage the animal does to the apartment. The landlord can't treat you any differently than other tenants. For example they can't force you to live in the back of the building because you have a “seeing eye” dog.

If the landlord doesn’t know it’s a service animal, or if it is not obvious that it’s a service animal, they can ask you if you need a service animal. They can ask you what the animal does to help you with your disability. They can’t ask for documents to prove you need a service animal.

If you have a disability, you may have the right to an animal. This is true for most housing. Your animal may not have to be a “specially trained service animal”. Disabled means that you have a physical or mental condition which greatly limits a major life activity -- like working, walking, eating, or communicating

If you are disabled you may ask a landlord to change some rules, including “no pets” rules. These changes are called “reasonable accommodations.” Federal and state civil rights laws require landlords and others, like condo associations, to make reasonable accommodations.

You need to show 3 things to get an accommodation to let you keep an emotional support animal:

• that you are disabled
• that you need an animal in your home because of your disability
• that letting you have an animal is reasonable
   

You may need to get a detailed letter from your doctor or other professional. The letter should make it clear that you are disabled and need your animal so that you can have equal use and enjoyment of the housing.

Getting a reasonable accommodation depends on all the facts of the situation. You must be able to care for the animal and make sure it does not disturb others. You might want to get a letter from a prior landlord saying that your animal did not cause problems.

Extra fees or rent for service or companion animals are NOT allowed by law.

Start by talking to the landlord, explaining the law, and seeing if you can work it out. Show a copy of this fact sheet. If you can't work it out, you may wish to make a complaint. You may be able to get a court order that lets you to keep an animal. You may be able to get money damages if they did not let you have an animal, but they should have let you.

If you have a low income, call your legal aid office at 1(877) 696-6529. Or look for help from other programs at www.lawhelpmn.org/providers-and-clinics. 

You can also file a complaint with a government agency. They investigate the case at no charge to you. They may help you to come to an agreement or they may bring a case against the landlord. Contact:

MN Department of Human Rights
Griggs Midway Building
540 Fairview Ave North, Suite 201
St. Paul, Minnesota 55104

Phone: (651) 539-1100 or 1-(800) 657-3704
MN Relay: 711 or 1-(800) 627-3529

Discrimination helpline: 1-(833) 454-0148
Email at: info.mdhr@state.mn.us   website at: www.mn.gov/mdhr/

Housing and Urban Development (HUD)
Minneapolis Field Office
212 Third Ave South, Suite 150
Minneapolis MN 55401

Phone: (612) 370-3000

Housing and Urban Development (HUD)
Chicago Regional Office
77 West Jackson Boulevard, Suite 2600
Chicago, IL 60604-3507

Phone: (800) 699-9777

For both offices: www.hud.gov

Act fast if filing a complaint! The sooner you call the better chance you will have. There are deadlines for filing cases! 1 year for complaints to any government agency or a lawsuit based on state law, and 2 years for a lawsuit based on federal law.