Registered Medical Dogs, what to do?

Question

Hi, I am new in real estate rentals. I know you had dealt with the topic: a registered medical dogs. I have placed my home for rent and have received an email from someone who wants to place an application for my rental but noticed I have a no pets policy. I emailed this person back and informed them, yes, we have a no pet policy.

The person then emailed back: "if on a rental say no pets, will an application still be considered with two registered therapy dogs? Since they are not pets but are needed for medical therapy and emotional therapy dogs. Do have currant registration as well as a Dr. letter stating that they are not pets but register therapy dogs."

Is there anywhere around this? do I have to provide an application to this individual? how to respond back, and explain that we do not allow any dogs, cats, lizards, hamsters, etc. Also for the future; should i get rid of the saying no pets?  but list the property informing potential tenants no dogs, cats, lizards etc. specific. This is in AZ.

Thank you, any advise...much appreciated

Hector

Greg Scott · Answer

Hector:

My favorite (hated) topic.

There is no such thing as a therapy dog or emotional support dog.  The legal definition is Service Animal. When someone uses the term "dog" there is a good chance it is fake.

Read these HUD Guidelines in detail about Emotional Support Animals.

Based on HUD guidelines, we follow this process:

We tell all prospective residents that we follow HUD guidelines.  When they submit an application we ask them to provide evidence that they have an emotional Support Animal. About 90% of the time they fail to meet HUD guidelines.

HUD guidelines require that to qualify as an Emotional Support Animal, the prospective resident must have a letter from a licensed health professional, licensed in your state, in which the health professional acknowledges they have a relationship with the client that was more than just one session.

If the animal does not meet all those criteria, they do not meet HUD guidelines.  (DO NOT EXPLAIN ALL THIS TO THE PROSPECTIVE RESIDENT.  If you do, they will find an unethical health professional that will lie for them.)  We simply hand them a letter that says the evidence they provided does not meet HUD guidelines and we consider the animal to be a pet.

If you have a "no pet" policy, they are not accepted.  If you have a pet policy, they must meet breed restrictions and pay pet fees, deposits, and rents.

Nathan Gesner · Answer

1. You need to educate yourself on the law. You may be exempt from Fair Housing laws. If you are, you can tell this person to get lost: https://www.equalhousing.org/fair-housing-topics/exemptions-...

2. If you are subject to Fair Housing, then you should print, read, highlight, and learn the policy regarding service animals: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalN...

3. As a general rule, it's best to learn how to handle problems before they become problems. make a list of the potential problems you could face as a landlord: rent rates, marketing, collecting deposit, late rent, unpaid rent, abandoned rental, early lease termination, unauthorized pet, etc. Arrange them based on the problem you are most likely to face first, then spend some time researching your laws, how others handle the issue, etc. Create a written policy for yourself, sample letters, forms, or whatever else may be needed. If you tackle one problem a week, you'll have 50+ problems solved within one year and will be prepared to manage your investment better than 90% of all landlords.

Hector Lopez · Answer

Thank you Greg and Jonathan,

This information does help, I got this applicant now outraged in her emails about I need to give an answer and an application regardless she has two dogs because they are service dogs. I could see someone having one, but two… Do you suggest making that slight adjustment on my home page on the no pets, to maybe: no dogs, cats, hamsters, lizards etc.

again a million thank youuus

Hector Lopez

Jonathan Greene · Answer

What @Greg Scott said. This is one of the biggest scams in the game. Service animals are protected and accepted and very few are registered as such. Emotional support pets are widespread fraudulent activity (although some are very real and helpful) everywhere and renters like to fake you out on it. Read the HUD guidelines Greg posted, must have seen them for more than one session meaning they aren't going to risk their license to help them and you can call the therapist to verify if you needed to.

Registered Medical Dogs, what to do?

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