Service Dogs...are they "pets"?

Question

I know that we need to allow for service dogs in NYS...

BUT...here is what we put in our ad...We will consider a small pet with a $1500 security deposit and $25/month rent increase (we do not allow dogs in our other houses, but thought that we might try it this time with a $25/month increase and higher security deposit).

A new tenant applicant (who I really want) thinks that I can't charge a higher security (normally just one month's rent) or the extra $25/month since she is handicapped and it is a real/official "service dog".

What say ye???? Please HELP.

Marcia Maynard · Answer

To answer your question... a service dog is not a pet by fair housing and non-discrimination law standards.

However, the tenant who claims the dog is a service animal may or may not meet the definition of a person with a disability and the animal may or may not be a qualified service animal. Contact your local fair housing office and find out what is required to qualify her and her animal to receive an exception to your pet clause. There are many tenants who try to get around pet policies by claiming to have a disability or claiming their pet is a service animal.

Beware and be smart. There are certain things you can't ask and certain things you can. Many previous BP discussions on this topic. Check them out by searching the BP site.... key words "service animal" "emotional support animal" "companion animal" "disability" "accommodation".

Account Closed · Answer

If she is obviously disabled, you shouldn't even ask for proof of disability.  Or, if her source of income is disability-related, again you shouldn't even ask.  If it's not obvious, then you can ask for proof that she is disabled - not the details, but a document from her doctor or psychiatrist that just says she is disabled will do.  If she is on SSI, it could be for disability, and she can print out her benefit statement that will include a sentence that says she is receiving SSI due to being disabled.  Then she doesn't have to try to get a letter from her doctor.  She can just log into her SS account online and print out a benefit letter.

Basically, a service dog or emotional support animal (service dogs are allowed in public, emotional support dogs aren't - that's the only difference, really) are considered to be a "reasonable accommodation" for a disabled person, and are basically a tool they need to live comfortably in your rental.  Another example of a reasonable accommodation would be if they are in a wheelchair and they need an assigned parking spot close to their apartment, or a bar installed in the bathroom to help them get in and out of the tub.

So, you can't charge them anything for the service animal, because they are not a "pet" they are a medical device, basically.

You do not have to accept an animal that would create a financial hardship - for instance if it was a pit bull and you would lose your insurance if you had a pitbull on the property.  And, the animal must behave or you can evict them, and you can charge them for any damage the animal causes.

Joseph Catalano · Answer

Under the law service animals do not constitute a pet. They are a necessary tool for that individual to function on a daily basis, similar to a motorized wheel chair.

Tyson Luthy · Answer

A service animal is NOT considered a pet and any pet rent, or pet deposits, don't apply.

All you can do is let them in and hope that the animal is well trained. Upon move-out, however, you can charge any damage caused by the animal to the security deposit.

Joshua Iachini · Answer

Yep, everyone that has responded is right on. You can't charge extra for rent or a security deposit for the service dog. LIke everything, it depends on the state. New York law states :

"Tenants who are blind or deaf are permitted to have guide dogs or service dogs regardless of a no-pet clause in their lease. Also, tenants with a chronic mental illness are permitted to have emotional assistance animals." --- NY Civil Rights Law § 47.

Bob B. · Answer

I do not think you can even charge a deposit or additional rent for a service animal. Be very careful as a lot of landlords have been sued over this issue.  Check the HUD regs for further clarification although I am sure that there are several knowledgeable members that will chime in. Also search previous posts.

Michael S. · Answer

I would allow the service dog/pet and the normal deposit and normal rent.  An ADA violation could turn out to be much more expensive than the damage a pet could contribute.  If you are concerned with damages exceeding the deposit when the tenant moves out, you always retain the right to get a judgement/pursue the tenant for the cost of the additional damages.

If everything else checks out with the tenant except the service animal, I would allow it.

I hope this helps.

Marci Stein · Answer

That sounds right to me. the law says we cannot discriminate and if a dog is necessary to the disabilty then can't charge for that.

Service Dogs...are they "pets"?

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