No Pets Fourplex and Tenant with companion dog

[Gary Thao]

I own a Fourplex and occupy one of the units in Oregon. This is my only multifamily property. There is a "No Pets" policy which my tenants are aware. One of my tenants presented me with a Doctors note for a companion dog. I informed her about the pet policy and would get back to her. What are my options without getting into legal issues?

[Patrick L.]

A "companion" or "emotional support" dog is NOT covered under the ADA but I would still consult with a local attorney because state or local laws may cover such a pet.  

"Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA."

Source:

http://www.ada.gov/service_animals_2010.htm