Can we require assistance and service animals be on a leash, or is that against the ADA or Fair Housing Act?

Our Assistance Animal Addendum states:

• Resident agrees that when the Assistance Animal is not inside the apartment, within the common areas of the community, it will be on a leash or an approved device based upon the animals certification.

The Resident insists that it is against the ADA that we require their assistance animal to be on a leash. When we sent our Verification for Assistance Animal for, we asked the Doctor to indicate if it is required that this assistance animal to not be leashed. He replied, “there is no reason it shouldn’t be leashed.” So we’ve verified that in fact there is no reason or requirement that the animal be unleashed. What law protects us that we can in fact require the animal (dog) to be leashed.

As far as the law goes, it would depend on the jurisdiction as to whether or not there is a law. The ADA has nothing to do with this question unless they are talking about the leasing office because the Americans with Disabilities Act, Title 3, covers places of public accommodation. Every place in your community, the apartment homes, the amenities, the parking lot, the swimming pool, is covered by the Fair Housing Act. The only place that’s an area of public accommodation is your leasing center. Everything else is private property covered by the Fair Housing Act. Your local jurisdiction may have a requirement that animals be on a leash, that animals be licensed, or that animals be vaccinated, or it may have all three. Whether it’s a service animal, a working animal, a companion animal, an emotional support animal, whatever it is, it’s still an animal. It is not unreasonable to expect an animal to be put on a leash, and if your jurisdiction has a leash law, it’s go beyond being reasonable, it’s a requirement. So find out what your local jurisdiction, and absent any leash law, if it were me, I would be require all animals to be on a leash, period.

Thanks, Doug, as always great info. One caveat; if the person with a disability has an animal that is required to 'go get help' it would not be on a leash. This would require individual assessment and you likely could require a reliable 3rd party documentation. Best to err on the side of the resident, so at least inquire.