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Amy Mueller
  • Lawrenceburg, IN
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Can I require proof a dog is a service/therapy dog?

Amy Mueller
  • Lawrenceburg, IN
Posted

I allow dogs in my rentals, but not breeds excluded in my insurance policy.  Rotts, pitbulls, Dobermans.  When I informed an applicant of these restrictions, she told me her dog was a pitbull, but a therapy dog, and she could get paperwork.  How would I know what paperwork is authentic and not something paid for online?  Am I even allowed to require documentation verifying the dog is a therapy dog?  Will insurance make an exception as well if the dog is a therapy dog?

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Cara Lonsdale
  • Realtor and Investor
  • Scottsdale, AZ
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Cara Lonsdale
  • Realtor and Investor
  • Scottsdale, AZ
Replied

I hate this topic.  It makes my blood boil because it is such an abused gray area.

Here is what I know.... the ADA does NOT recognize emotional support animals as service animals and will not certify them.  A service animal by their definition, is an animal that is trained (with actions and responses) to function alongside the person it is helping, not just be a fuzzy friend to cuddle.

Fair Housing extends this to include emotional support animals.  However, there are still requirements including a letter from a mental health care professional.  So, it can't just be a letter from the Tenant's PCP or family dr.  It has to be a letter from a MENTAL HEALTH CARE PROVIDER.

My guess is that you can draw red flags if the letter is NOT local (maybe online), and not from a mental healthcare professional....then it isn't legit.

FYI, I have never heard of a pit bull who was certified as a service animal.  German shepards all day long (which area also on the breed list), but not 1 pit.

IF you are able to validate the service animal, it is NOT considered a pet, and you have to allow for it, and CANNOT charge pet rent or collect a pet fee/deposit.

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