Notes from the Legal Hotline:
Q: My client rents his house out during the summer. Is he required to accommodate service animals and emotional support animals?
A: A vacation rental under 30 days is considered “transient lodging” rather than residential housing. Accordingly, ADA service animal rules apply, while FHA emotional support animal accommodation requirements do not apply. In short, the homeowner needs to provide accommodation for a service animal but is not required to accommodate an emotional support animal. Also keep in mind that the homeowner cannot charge additional fees to accommodate a service animal.
Additionally, homeowners listing through commercial platforms should review the platform’s contractual obligations. Airbnb, VRBO and similar companies may require an accommodation that exceeds minimum legal requirements so the homeowner should consult with the platform before denying an emotional support animal.
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Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.