Understanding the difference between service animals and support animals helps renters in New Brunswick get fair access to housing and avoid misunderstandings with landlords. This guide explains what each animal type typically means, how provincial tenant protections apply, what documentation landlords can reasonably request, and what steps a tenant can take if an accommodation request is refused. It also lists the official forms and tribunal options available in New Brunswick and shows practical examples for everyday rental situations like lease discussions, move-ins, and rules about common areas. The information is written for tenants and renters without legal training and focuses on clear, practical steps you can take to protect your rights and resolve disputes.
Understanding service animals and support animals
Service animals are trained to perform specific tasks for a person with a disability, while support (or emotional support) animals provide comfort but are not always specially trained. In New Brunswick the distinction matters for what a landlord may reasonably require when a tenant asks for an accommodation under tenancy rules and human rights protections. Tenants should describe how the animal helps with a disability when making a request, and landlords can ask for limited documentation to verify the need in some cases.[1]
What landlords can reasonably ask for
Landlords may not impose blanket bans on service animals and must consider accommodation requests on a case-by-case basis. Reasonable questions or requests may include asking for documentation when the disability or need is not obvious, or clarifying the animal's role and whether it poses a safety risk.
- Provide a short written statement or document from a health professional describing the functional need for the animal when the need is not obvious.
- Describe the specific tasks the service animal performs rather than detailed medical diagnoses.
- Explain any reasonable concerns about safety or severe allergies so both parties can explore alternatives.
When a landlord says no — steps for tenants
If a request is refused, tenants should document the refusal in writing, keep copies of any communications, and ask the landlord for specific reasons. If you believe the refusal is discriminatory or unreasonable, you can apply to the Residential Tenancies Tribunal in New Brunswick to seek a remedy, or contact human rights services if discrimination is suspected.[2]
Practical tips for renters and common scenarios
When moving in, raise accommodation needs early during lease discussions and offer documentation that explains the functional need for the animal. Keep licence and vaccination records current if asked for safety reasons, and discuss common-area rules calmly with property managers. For habitability or health-safety concerns related to animals, review guidance on tenant safety and repairs so both parties understand expectations.Health and Safety Issues Every Tenant Should Know When Renting
For tenants searching for pet- or animal-friendly places, consider using a rental search that filters listings for pet rules so you avoid conflicts after signing a lease. Search pet-friendly rentals on Houseme.ca
Forms and official steps to apply in New Brunswick
When informal resolution fails, tenants can file an application with the Residential Tenancies Tribunal. Common official forms include the Tribunal application form used to start a hearing and any notice forms required under the Residential Tenancies Act. Use these forms to explain the accommodation request, attach copies of documents, and describe what remedy you are seeking (for example, permission to keep the animal or compensation for undue costs).[3]
- Complete the tribunal application form and attach clear copies of any supporting documentation.
- File the form before any applicable deadlines and pay any required filing fees if applicable.
- Attend the scheduled hearing prepared to explain the accommodation, present evidence, and answer questions.
FAQ
- Can a landlord legally refuse a service animal in New Brunswick?
- No — landlords must accommodate service animals unless they can show a specific, valid safety reason that cannot be reasonably addressed.
- What kind of documentation can a landlord ask for?
- Landlords may ask for limited documentation that explains the functional need (for example, a note from a health professional) when the disability or need is not obvious.
- Are support animals treated the same as service animals?
- Support animals (emotional support) may receive different treatment because they are not always specially trained; accommodations depend on circumstances and documentation.
- What can I do if I disagree with a tribunal decision?
- Review the tribunal decision for appeal rights or reconsideration procedures and get legal advice or help from tenant support services if you consider further action.
How-To
- Gather concise documents that explain your need and how the animal helps you.
- Complete and submit the Residential Tenancies Tribunal application form with attachments and a clear statement of the remedy you want.
- Attend the hearing prepared to present evidence and answer questions, and keep copies of everything submitted.
Help and Support / Resources
- Residential Tenancies Tribunal (New Brunswick)
- Residential Tenancies Act (New Brunswick)
- Forms and Services — Government of New Brunswick
