Prospective tenant claims to have a service animal, but seems illegitimate.

[Tyler D Cash]

I have a prospective tenant who claims to have 2 service dogs, one of which is in training. In short, after meeting with the person and seeing the dogs' behaviors, I don't believe that they are service animals whatsoever. My concerns are not whether the person has a disability, only that the animals' demeanors were not aligned with any amount of training or even simple pet etiquette. 

I recognize that legally I can only ask two questions: "Is this a service animal?" and "What tasks do they perform?"

I was hoping someone could share some legitimate sources of information on what landlord rights are regarding service animals. Some google searching has led me to believe that I cannot ask for any kind of documentation/registration proving that they are in fact a service animal, but potentially that I can request their doctor validate they have a need for a service animal, something to that effect.

Are landlords/homeowners allowed to fact check if the service animal is legitimate?

[Michele Fischer]

This is a very untested area, there are not a lot of court cases to know what is and is not allowed, and nobody wants to be the first.

There are so many doctors willing to sign off on a service animal, but it does weed out some.

We have used this form with some success:

FORM TO REQUEST AN ASSISTANCE ANIMAL

We are committed to granting reasonable accommodations when necessary to afford persons with disabilities the equal opportunity to use and enjoy our rental properties.

Under the Fair Housing Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities. Reasonable accommodation may include waiving or varying pet polices and fees to allow an Assistance Animal. An Assistance Animal is an animal that does work or performs tasks for the benefit of a person with a disability, or provides emotional support or other assistance that alleviates one or more symptom or effects of a person’s disability.

Please complete this form completely and return it to us. All information will be kept confidential, except as otherwise required by law.

Today’s Date: _______________________

Name of person with disability requesting accommodation: _____________________________

What is the species of animal? __________________________

Provide the name and physical description (size, color, weight, license) of the animal:

_______________________________________________________________________________

Does the animal perform work or do tasks because of the disability? _____________

If Yes, please provide a statement from a health or social service professional indicating that you have a disability and explaining how the animal is able to do work or perform tasks that alleviate one or more symptoms or effects of your disability.

If No, please provide a statement from a health or social service professional indicating that you have a disability and how the animal alleviates the symptoms or effects.

Please attach statement with any additional information and contract information for the professional completing the statement.

_______________________________________ _______________________

Signature of Person Making Request Date

_______________________________________ _______________________

Signature of Person with Disability Date