Are landlords allowed to advertise “no pets” policies in accordance with Fair Housing Law?

Under Fair Housing Law, landlords in Delaware are permitted to create "no pets" policies. However, the law does provide exceptions in certain situations. These exceptions are intended to help those with disabilities that require the use of service animals or assistance animals. The Delaware Fair Housing Law (7 Del. C. § 7604) allows landlords to impose a "no pets" policy but prohibits landlords from discrimination based on service animals and assistance animals. Landlords are required to make reasonable accommodations for individuals with disabilities who require the use of a service or assistance animal. The animal must be necessary for a person’s disability and the tenant must provide documentation to prove the animal’s usefulness in their disability. Additionally, the law states that landlords have the right to charge a reasonable fee in order to protect the property from damage that may be caused by the animal. However, this fee cannot exceed the cost of necessary repairs or other cleaning costs. In summary, landlords in Delaware can advertise a "no pets" policy, but if a tenant can show that the animal is necessary for a disability-related purpose, they must make reasonable accommodations for the tenant and cannot charge anything beyond the cost of necessary repairs or cleaning costs.

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Are landlords allowed to advertise “no pets” policies in accordance with Fair Housing Law?

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