Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
Anyone have facts or guidance on this? In one of my rentals I have a law enforcement officer with a working dog (K-9). Originally, my broker stated I HAD to rent to this person because it is a "service animal". The tenant has no disability and the animal is not related to helping them in other than a law enforcement capacity (chew up the bad guys):) This is a very good tenant, however, my insurance policy states "no dogs". I don't want to force them to move, but I feel I must make some adjustments to rent rates as well as talk to my insurance agency. My gut reaction is: this is not a service dog. Service dog vs working dog? Any thoughts? Am I just playing the semantics game or is there a valid difference?
Real Estate Attorney · Little Rock, AR · Member since 2014 · 4 posts · 3 votes
10y
I agree working dogs are not service animals. Having invested in both cattle farms and The guide dogs of America charity, one is protected under individual disability discrimination laws one is not.
Don't get me wrong I love working dogs. Like the time I was buying a herd of cattle from a rancher. He snapped his fingers 2 blue heelers jumped out of the back of his flat bed truck ran across 40 acres and herded 50 cows into the barn while we sat in the truck cab drinking beer.
Guy later went to jail for rustling cattle at night !
Landlord · Port Orchard, WA · Member since 2015 · 80 posts · 39 votes
10y
I say no. Service animal is for disability, therapy animal is for easing mental or emotional stress. They are "medical equipment". A comfort animal is one that goes into nursing homes to comfort people.
A working dog is not a protected animal. I think you could discriminate, though I would find another reason to deny tenancy. And I'd think carefully about renting to a cop.
Landlord · Port Orchard, WA · Member since 2015 · 80 posts · 39 votes
10y
I misspoke: service animal, emotional support animal, and therapy animal are the classifications. The first is required to be trained to assist the disability, the first two are not pets and cannot be excluded, the third is and can.
Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
10y
Working dogs are incredible animals. There is a less than 4% graduation rate from their training programs so if you have one in your property it is one of the best trained animals in the world.
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
10y
What you need is a hold harmless and indemnification agreement, signed of by the police department as the have insurance and financial responsibility for off duty police dogs, they are considered officers too. I've never heard of an insurance company terminating a policy due to a police dog on premises, fact of the matter is they would probably be happier with that dog as a deterrent to other property damage and theft exposures. The PD may not give that to you, it may require an administrative action my their government body to give such agreements, if the don't I'd still not worry about it.
I also doubt any court would find you negligent as a property owner for any incident with a police dog under the control of the handler, and the handler is always controlling the animal, even if he leaves the dog inside and runs to the store. :)
Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
10y
I would be counting my blessings having a cop and his K-9 on the premises. Having cops living in a house is a known deterrent to crime. As @Bill Gulley mentioned, the Police Department could probably cover with their insurance.
Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
10y
Thanks @Bill Gulley and @Karen Margrave. I agree Karen. The tenant is one of my best and is a truly nice guy! My only concern is the insurance stating "no dogs". I do understand these dogs are very well trained and most humans could probably learn a less from them:)
@Lynn McGeeinthanks for the info. It isn't whether I "want" this tenant or dog, it only boils down to compliance with my insurance policy and liability. I am going to call them tomorrow and explain the situation. I definitely WANT to keep this tenant. I just don't want issues in the event of......???
@Steven Wiltz I am not sure what you mean by thinking carefully before renting to a cop. This guy is 100% in my book and I wish I had clones of him in my other rentals. Nuff said....
Landlord · Port Orchard, WA · Member since 2015 · 80 posts · 39 votes
10y
I don't know your guy, but po-po are people, and some people flake. If he were to flake, he's got all the wrath and power of the legal system on his side. Good guy, great. Yes it's a deterrent. I just have read, and can understand, how some landlords say never. Also, never attorneys, paralegals, health care professionals, etc. Not necessarily my opinion, but it's out there. Always screen thoroughly and use your best judgment. And babysit them - keep a close eye, that is. NEVER, under any circumstances, "set it and forget it". Cop or crackhead, lawyer or loser.
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
10y
@John Thedford why not make a phone call to your insurance agent and tell them an applicant is a cop and has his police dog and that you want him as a long term tenant. See what they say :)
@Bill Gulleygreat idea. Get the answer without creating issues!
FYI, large pets, over 20 pounds are not allowed in the housing authority, I made an exception for a police officer with a police dog, latter our regional HUD office agreed.
I also would not turn this dog into any profit motive or deposit requirement. 1. If that dog had tendencies of poor behavior it would not have been accepted as a police dog and 2. they darn sure don't go inside of any building, they are better trained beyond house broken. That's not from me, that's from one of the nation's leading police dog trainers in Arkansas I spoke to about training my dog. You're benefiting by the dog being there!
Let us know what they say, might be best to talk to a claims guy in that company. :)
Real Estate Attorney · Little Rock, AR · Member since 2014 · 4 posts · 3 votes
10y
I agree working dogs are not service animals. Having invested in both cattle farms and The guide dogs of America charity, one is protected under individual disability discrimination laws one is not.
Don't get me wrong I love working dogs. Like the time I was buying a herd of cattle from a rancher. He snapped his fingers 2 blue heelers jumped out of the back of his flat bed truck ran across 40 acres and herded 50 cows into the barn while we sat in the truck cab drinking beer.
Guy later went to jail for rustling cattle at night !
Commercial Real Estate Broker · Fort Collins, CO · Member since 2015 · 308 posts · 151 votes
10y
I am not aware of any federal requirements for accommodations for an animal for non-disabled persons.
It should be noted that some states do specifically give protection for animals in training (and their trainer is not necessarily disabled). So you would want to check your state laws.
Also remember that in housing you have to follow not only the Americans with Disabilities Act (ADA) but also the Fair Housing Act (FHA). Too many times I see people ignore the Fair Housing Act and only look to the ADA guidance.
So where the ADA says the animal must be a dog (with a narrow exception for miniature horses) - under FHA the tenant would be allowed to have a reasonable accommodation for animals other than a dog (e.g., Cat).
Here are a few good resources on service animals in housing:
Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
10y
@Jeff B.thanks for that info. I just printed it out and put it in my PM binder.
Thanks for the responses. I talked to my insurance company. They are going to quote a price for liability for the dog. I am sending the tenant a letter asking for proof of insurance from the LE agency.