Pitbull Service Animal

Member since 2021 · 9 posts · 3 votes

I have a home available for rent and have a prospective tenant that says he has a pitbull as a service animal. I usually charge a pet deposit and monthly fee, but from my limited research, believe I cannot charge for a service animal. I'm also of the understanding that there can be no breed restrictions on service animals. Do the laws vary from state to state, and if so, is anyone familiar with the laws concerning this in West Virginia? Thanks!

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Greg ScottPro Member

Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes

Joe:

This is Federal Law from HUD. While it is probably well-intended, it is horrible regulation.

We've seen a ton of this. It seems to me that almost every time you get an ESA request for a restricted breed, it is probably someone just trying to get around breed restrictions and having to pay pet rent. About 60% of our ESA requests are pitbulls. (I just don't see how a pitbull could offer more emotional support than a poodle or spaniel.)

I'd encourage you to google HUD guidelines for Emotional Support Animals. They have a ~15 page PDF that describes the rules. READ IT AND KNOW IT.

We have a fairly simple process at all our properties. We require documentation that the owner requires an ESA. The evidence they provide must be from a medical professional licensed in our state and the letter must indicate the medical professional has had more than a one-time tele-health "diagnosis". If the evidence does not pass all of those hurdles, we have a form letter that they have not provided sufficient proof of an ESA.

Do not explain. If you choose to explain exactly what proof you need, you will soon get it. There are plenty of people that for $100 will use their medical license and type up a letter that their patient needs an ESA.

Also, if the ESA exhibits any aggressive behavior it can be removed from the property IMMEDIATELY. We recently had an ESA Great Dane (with all the proper ESA documentation) that bit another resident. Dog was gone as fast as we could make it happen.

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
1y
Joe:

This is Federal Law from HUD. While it is probably well-intended, it is horrible regulation.

We've seen a ton of this. It seems to me that almost every time you get an ESA request for a restricted breed, it is probably someone just trying to get around breed restrictions and having to pay pet rent. About 60% of our ESA requests are pitbulls. (I just don't see how a pitbull could offer more emotional support than a poodle or spaniel.)

I'd encourage you to google HUD guidelines for Emotional Support Animals. They have a ~15 page PDF that describes the rules. READ IT AND KNOW IT.

We have a fairly simple process at all our properties. We require documentation that the owner requires an ESA. The evidence they provide must be from a medical professional licensed in our state and the letter must indicate the medical professional has had more than a one-time tele-health "diagnosis". If the evidence does not pass all of those hurdles, we have a form letter that they have not provided sufficient proof of an ESA.

Do not explain. If you choose to explain exactly what proof you need, you will soon get it. There are plenty of people that for $100 will use their medical license and type up a letter that their patient needs an ESA.

Also, if the ESA exhibits any aggressive behavior it can be removed from the property IMMEDIATELY. We recently had an ESA Great Dane (with all the proper ESA documentation) that bit another resident. Dog was gone as fast as we could make it happen.
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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
1y
Federal law. You can not charge anything extra for a service animal. No breed restrictions. Even breed restrictions imposed by local law do not apply to service animals. Prince Georges County MD loses a lawsuit on this about every 5 years or so because Pitbulls are illegal there. Federal government doesn't care. PG county gets hit with a large settlement bill every time.
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Kerry Malarkey
Investor · Portland, OR · Member since 2017 · 12 posts · 3 votes
1y
Federally (HUD), you are exempt if you have & self-manage three single-family homes or less, or a multifamily home of four units or less that you occupy one unit of. One off the reasons I don't hire a property management firm. You can still pay for a service to do backgournd/credit checks and employment/rental verifications.

Some states/cities have their own rules, so you need to know what your local rules are also.
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Adam BartomeoBusiness Member
Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
1y
The problem is that you have to accept the dog but the insurance carriers do not cover bites from Pitbull's. So, there is a gap here on Federal law and insurance companies that leaves the owner open for lawsuits.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
1y
Quote from @Joe Mills:

You are exempt if you meet one of the following requirements:

Owner-occupied buildings Properties with four units or fewer that are owned and lived in by the owner
Single-family homes Homes that are sold or rented without a broker by the owner, as long as the owner doesn't own more than three at once

If those don't apply, then you must abide by Fair Housing and you must make reasonable accommodations for people with assistance animals. We all know it's a farce, but it's the law.

This is the latest guidance from HUD. I highly recommend you read it closely and develop your process. You still have the right to require documentation proving the animal is legit. https://www.hud.gov/sites/dfil...

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Joe MillsPro Member
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Member since 2021 · 9 posts · 3 votes
1y
Thanks so much for the great advice and information! If I proceed with this tenant, I'll post again to let everyone know how it turned out.
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Jonathan GreeneBusiness Member
Real Estate Consultant · Madison, NJ · Member since 2016 · 6k+ posts · 7k+ votes
1y
Service animals and emotional support animals are not the same thing. I thought they were treated differently. Service animals are verified. ESA are given out like cotton candy at a state fair. Also, most insurance companies insuring multifamily homes have a breed restriction list with pitbulls on them. There are great pitbulls by the way, but I am not a fan of all of this fake ESA stuff. Service animals are real, most ESA are not (some are).
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Alecia LovelessPro Member
Member since 2019 · 3k+ posts · 2k+ votes
1y
@Joe Mills I just had this issue with some prospective tenants. I called my insurance company to check on their policy and my insurance company said if the pit bull was a service animal that served a documented purpose for a physical condition I had to allow it and they would look past their banned breed list.
If the documentation just came through some internet company then that was a hard no for them.
In my instance there ended up being other disqualifying issues so I just said no.
In my case the prospects claimed to have never heard there was any problems with pit bulls which was also a red flag to me as everyone knows this.
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JonPaul KessingerPro Member
Property Manager · Bridgeport WV · Member since 2022 · 52 posts · 17 votes
1y
Quote from @Joe Mills:

I have a home available for rent and have a prospective tenant that says he has a pitbull as a service animal. I usually charge a pet deposit and monthly fee, but from my limited research, believe I cannot charge for a service animal. I'm also of the understanding that there can be no breed restrictions on service animals. Do the laws vary from state to state, and if so, is anyone familiar with the laws concerning this in West Virginia? Thanks!

Hey Joe, I am a realtor and property manager in West Virginia (Bridgeport, Fairmont, and Morgantown area) We use an animal screening service called petcreening ( I will add a link to their page below. They screen animals and give a FIDO score based on several risk factors. You can add a breed that's an auto rejection and they ask questions and for documents, not you. They follow local and federal housing laws and it shifts any liability away from you since you are not the one asking. Shoot me a message and I'd be happy to share how we approach this situation in the state and individual cities.
P.S. The best part is, it's free for you to use and also checks their vet/shot records! tenant pays an application fee and you can pro-rate pet rent based on their "FIDO" score.
P.S.S I'm not affiliated with them at all, I am just a PM who uses their service and had good experience with them.
https://www.petscreening.com/
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Rich Davis
Member since 2024 · 23 posts · 9 votes
1y
Online charlatans with psych licenses will interview you for three minutes and send you a stamped letter saying you require a service animal. Anyone can get one.

I've had a couple tenants use this loophole to either avoid pet rent/deposits, or to get a pet into a no pets building.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
1y
Quote from @Rich Davis:

Read the HUD guide. It says you do not have to accept online certificates.

We require documentation from a current healthcare provider that has knowledge of the disability. We don't accept letters from three years ago or some quack on the phone with a credit card reader.
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
1y
I seriously doubt it is a service animal, more likely a emotional support animal (a pet usually with papers off the internet)....I like Jonathan's description of ESA being handed out like cotton candy at a state fair...pretty accurate.
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Jonathan GreeneBusiness Member
Real Estate Consultant · Madison, NJ · Member since 2016 · 6k+ posts · 7k+ votes
1y
Tenants all pretend that ESA are service animals and only about 1 percent are. A service animal is a real designation. ESA is not. There are ESA peacocks for holy sakes. Any quack on the internet gives out ESA for a couple hundred bucks and landlords left and right are accepting animals they do not have to accept.
As I said though, there are some ESA that are actually real, but still not protected and then it's a landlord decision.
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Wesley W.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
1y

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Wesley W.
Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
1y

Quote from @Alecia Loveless:

In my instance there ended up being other disqualifying issues so I just said no.
This.

There is often a correlation between these ESA scammers and other things untoward with their situation.

EDIT: Not sure why the quote is not showing on my posts.
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