Service Animals vs. Assistance Animals: What Massachusetts Housing Providers and Tenants Need to Know
Confusion around service animals and assistance animals is common — especially in housing situations. While the terms are often used interchangeably, they have distinct legal meanings and are treated differently under federal and Massachusetts housing laws. Understanding those differences is critical for landlords, property managers, and tenants alike.
What Is an Assistance Animal?
Under the Fair Housing Act (FHA), an assistance animal is not considered a pet. Assistance animals may be trained or untrained and include animals that:
Perform work or tasks
Provide assistance related to a disability
Provide emotional support that alleviates symptoms of a disability
Assistance animals can be any common household animal, not just dogs, and are protected when they are needed to assist a person with a disability. Housing providers must allow assistance animals as a reasonable accommodation when there is a connection (or “nexus”) between the disability and the assistance the animal provides Fact Sheet - Assistance Animals….
Importantly, no special certification or registration is required under housing law.
What Is a Service Animal?
A service animal is a specific type of assistance animal, but with a narrower legal definition. Under the Americans with Disabilities Act (ADA), service animals are:
Dogs only (with limited exceptions for miniature horses in some settings)
Individually trained to perform specific tasks directly related to a person’s disability
Examples include guide dogs for individuals with vision impairments or dogs trained to alert someone to seizures. While service animals receive protections under both the ADA and the FHA, the ADA definition primarily applies to public accommodations, not housing.
In housing contexts, service animals are treated as assistance animals and analyzed under fair housing standards Fact Sheet - Assistance Animals….
How This Applies Under Massachusetts Housing Law
Massachusetts generally follows federal fair housing standards, meaning landlords and housing providers must comply with the FHA, the ADA (where applicable), and related civil rights laws. This includes an obligation to provide reasonable accommodations for tenants or applicants with disabilities.
Under Massachusetts housing law:
Landlords must allow assistance animals, even in “no-pet” housing, when required as a reasonable accommodation.
Pet fees, pet rent, and breed or size restrictions cannot be applied to assistance animals.
Requests may be made at any time, orally or in writing, by the tenant or someone acting on their behalf.
Housing providers may ask limited questions only if the disability or need is not obvious, such as whether the person has a disability-related need for the animal. However, they generally cannot require medical records or demand a specific form of documentation Fact Sheet - Assistance Animals….
When Can a Request Be Denied?
A housing provider may deny a request for an assistance animal only in limited circumstances, such as when:
The request is not made by or for a person with a disability
There is no disability-related need for the animal
The specific animal poses a direct threat to others that cannot be reduced through reasonable alternatives
Granting the request would impose an undue financial or administrative burden or fundamentally alter housing operations
Before denying a request, landlords are expected to engage in an interactive process to determine whether an alternative accommodation could address the tenant’s needs Fact Sheet - Assistance Animals….
Key Takeaways for Landlords and Tenants
Service animals and assistance animals are not pets under housing law.
Emotional support animals are protected in housing, even though they are not covered under the ADA in public spaces.
Massachusetts housing providers must carefully evaluate requests and avoid blanket denials.
Improper denials may expose landlords to fair housing complaints or enforcement actions.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Housing and disability laws are fact-specific and subject to change. If you have questions regarding service animals, assistance animals, or reasonable accommodation obligations under Massachusetts or federal law, consult a qualified attorney.
