Can I require proof a dog is a service/therapy dog?

Lawrenceburg, IN · Member since 2014 · 9 posts · 4 votes

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 · Member since 2017 · 1k+ posts · 1k+ votes

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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John Thedford
Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
8y
Right now...I have no tenants with service dogs except a tenant with a working dog...and he and his animal rate VERY high on my "good tenants" list...and he does not pay ONE dime additional (although I could legally charge him).
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Tom GimerBusiness Member
DMV · Member since 2017 · 3k+ posts · 3k+ votes
8y
Originally posted by @Cara Lonsdale:
Originally posted by @John Thedford:

@Cara Lonsdale
@Mike Cumbie
Sure the laws do NOT discriminate on breed. However, they do NOT require a landlord to lose money as in the example of having to make improvements themselves. As to the insurance, if the landlord has to pay an extra $200 per year, it does seem reasonable that the information provided by the local attorney COULD BE valid. IF passed on, that money does not increase the landlords profit in any manner. Furthermore, the potential tenant IS being provided the housing. Some states do require landlord to lose money (as in rent control) and not being able to evict because of weather, etc.
Actually they CAN. That's what stinks about it, unfortunately! However, reasonable accommodation can include a higher insurance rate.
I am not saying I agree with it, but I am telling you that if you pass along an overage expense to a protected class, that will scream discrimination to a judge, regardless of your intent.
If your "protected class" member got a BS letter from some doctor on the internet whose entire interaction with his/her patient was via an online questionnaire I think that would be a trial worth attending.
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Cara Lonsdale
Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
8y
Originally posted by @Tom Gimer:

Originally posted by @Cara Lonsdale:

Originally posted by @John Thedford:
@Cara Lonsdale
@Mike Cumbie
Sure the laws do NOT discriminate on breed. However, they do NOT require a landlord to lose money as in the example of having to make improvements themselves. As to the insurance, if the landlord has to pay an extra $200 per year, it does seem reasonable that the information provided by the local attorney COULD BE valid. IF passed on, that money does not increase the landlords profit in any manner. Furthermore, the potential tenant IS being provided the housing. Some states do require landlord to lose money (as in rent control) and not being able to evict because of weather, etc.
Actually they CAN. That's what stinks about it, unfortunately! However, reasonable accommodation can include a higher insurance rate.
I am not saying I agree with it, but I am telling you that if you pass along an overage expense to a protected class, that will scream discrimination to a judge, regardless of your intent.
If your "protected class" member got a BS letter from some doctor on the internet whose entire interaction with his/her patient was via an online questionnaire I think that would be a trial worth attending.
Agreed.
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Ola Dantis
Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
8y
I sure learnt about ESA [Emotional Service Animals]. Wow. Who would have thought?!!!
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Steven Gesis
Investor · Miami, FL · Member since 2015 · 1k+ posts · 390 votes
8y
Originally posted by @Amy Mueller:

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?
You can ask, but as you know now you can buy a certificate or a therapy dog jacket on Amazon - just stick to your policy and hope it all works out : )
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