Service Animals, Emotional Support Animals & Pets: What Florida Homebuyers Need to Know
If you're buying a home in Florida—especially in a community with a condo association, HOA, or pet restrictions—understanding the legal distinctions between service animals, emotional support animals (ESAs), and pets is essential. Each is treated differently under Florida and federal law, which can directly impact your rights as a homeowner or tenant.
1. Service Animals
What They Are:
Service animals are defined under the Americans with Disabilities Act (ADA) as dogs (and in some cases, miniature horses) that are individually trained to perform specific tasks for a person with a disability. Examples include guiding someone who is blind, alerting someone who is deaf, or pulling a wheelchair.
Key Legal Protections:
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Protected under the ADA and Florida law
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Must be permitted even in communities with no-pet policies
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Cannot be charged pet fees or deposits
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Landlords and HOAs cannot require documentation but may ask if the animal is a service animal and what task it performs
Real Estate Impact:
If you or your buyer has a service animal, they have the right to live in any housing, regardless of pet restrictions. The law ensures access and equal housing opportunity.
2. Emotional Support Animals (ESAs)
What They Are:
ESAs provide comfort and emotional support for individuals with mental or emotional conditions. Unlike service animals, they do not require specific task training and can be a wider range of animals (though dogs and cats are most common).
Key Legal Protections:
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Covered under the Fair Housing Act (FHA)
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Housing providers (including HOAs and landlords) must make reasonable accommodations
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Documentation from a licensed healthcare provider is typically required
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Pet fees and breed restrictions usually do not apply
Real Estate Impact:
While ESAs are not protected under the ADA, they are protected under housing laws. This means they must be allowed in housing communities—even those with no-pet policies—as long as valid documentation is provided.
3. Pets
What They Are:
Pets are companion animals that do not serve a specific medical or disability-related purpose. They are not protected under federal disability laws.
Key Legal Restrictions:
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Subject to HOA, condo, or rental pet rules
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Breed, size, and number restrictions may apply
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Landlords and associations can charge fees or deny pets
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No legal obligation to make accommodations
Real Estate Impact:
Standard pets are subject to the rules set forth by individual communities. If you're buying in a deed-restricted community or HOA, review pet policies carefully, as they may affect your decision or your ability to sell in the future.
Final Thoughts
Understanding the difference between a service animal, an ESA, and a pet is more than semantics—it can make or break a real estate transaction. Florida law, combined with federal protections, ensures access and fair treatment for individuals with disabilities, while also allowing property owners and associations to set reasonable rules for pets.
If you're a buyer with a service animal or ESA—or you're selling in a pet-restricted community—it’s important to work with a real estate professional who understands these distinctions and can guide you through the process with confidence and clarity.
Thinking about buying or selling in Naples?
Protect your investment with a trusted local expert by your side.
📞 Call Brian J Giacomello at 239-281-5269
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