Assistance Animals in Massachusetts Housing

In Massachusetts, both federal and state laws protect the rights of tenants with disabilities who need assistance animals. These animals can include trained service animals—like guide dogs—or emotional support animals (ESAs) that help with mental health conditions. Even if you have a “no pets” policy in your rental property, you may be required to allow these animals as a reasonable accommodation.

One important distinction is that assistance animals are not considered pets under the law. Because of this, landlords cannot charge pet deposits, fees, or extra rent for them. Tenants, however, remain responsible for any damages their animal causes, just as they would for damage from a guest.

Landlords have the right to request documentation when the need for an ESA is not obvious. Typically, this comes in the form of a letter from a licensed healthcare provider. This letter does not need to disclose a diagnosis, but it should confirm that the tenant has a disability and explain how the animal helps them. Online “registries” or certificates alone are not considered legitimate proof.

There are only limited reasons a landlord can deny an assistance animal request. You cannot refuse based on the animal’s size, breed, or general assumptions. Denial is only allowed if you can show specific evidence that the animal poses a direct safety threat or would cause significant property damage. Even then, you are expected to consider whether the tenant can take steps to correct the issue before moving toward removal.

Tenants also have responsibilities. Assistance animals must be properly licensed and vaccinated according to local rules, kept under control (such as leashed in common areas), and maintained in a way that doesn’t disturb neighbors. Issues like excessive noise, aggression, or failing to clean up after the animal can be addressed, but landlords should approach these situations carefully and fairly.

If disputes arise, both landlords and tenants can reach out to the Massachusetts Office on Disability (MOD) for guidance. Tenants who believe their rights are being violated may also file a complaint with the Massachusetts Commission Against Discrimination (MCAD) or with HUD at the federal level.

Understanding these rules helps landlords stay compliant while also building positive relationships with tenants. By treating assistance animal requests seriously and respectfully, landlords can avoid legal pitfalls and support tenants who rely on these animals for their daily wellbeing.