Unauthorized Pet becomes Companion Animal

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Unauthorized Pet becomes Companion Animal

Demetri T.
Investor · Newberg, OR · Member since 2015 · 34 posts · 18 votes

I am fairly certain I am asking a legal question- and ironically I am a lawyer (not in this area though!)... just wondering if someone can point me in the right direction or perhaps encountered this.

Just found one of my tenants has a cat (at least one) in violation of her lease.  I sent her the notice that she was in violation of her lease etc etc.  

Today she walks in my office, gives my assistant a note from her doctor that she needs an animal and turns away without saying anything to my assistant.

I am pretty annoyed at this but it seems like my hands may be tied and I will just have to accept this animal. She may no prior effort to comply or even ask about a cat.  She never completed my "Reasonable Accommodation" request form- and she hasn't been provided or completed my "Companion Pet" agreement that I have everyone sign. (I have other companion animals in the complex who filled out the forms etc which were annoying but they did it the right way.)  

Mostly I am ticked that she got caught and is just gaming the system to get her pet "legal".

I almost want to just give her her "No-Cause" notice and move on to someone else- but then I don't want to get in trouble for "retribution". 

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Account Closed
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y

I actually know quite a bit about this subject.  What I would do is give her a 3 day notice to comply or quit, regarding the proper paperwork for her companion animal according to your rules.

Your rules are fair under the law.  A reasonable accommodation starts with a "request."  And, you have the right to ask her to provide proof that she is disabled (unless it's obvious) as defined by the law (which honestly is pretty broad), and that she has a need for a companion animal that is based on her disability.

You have the right to get documentation from her medical professional (that you can verify is a real medical professional and not some website with forms she can download from afar).

You don't have the right to ask specifics about her disability or ask for her medical records.  But, the letter from the medical professional should say that she is disabled and has a need for a companion animal because of her disability, in order to be able to fully enjoy living in her unit.

You have a process in place that is reasonable.  It's reasonable for you to require her to comply with it.

Here is a great article on the laws and differences in types of service animals, including companion animals.  It's CA law, but CA law includes the federal laws.  CA just adds some more protections.  But, you'll see that it's relevant.

http://www.disabilityrightsca.org/pubs/548301.pdf

I have also learned that it is no easy or fast process to file a discrimination claim through HUD. There is an intake process, where she would be questioned about what happened and have to meet the requirements for showing that you denied her request for a reasonable accommodation. The process would probably take a year, and would include mediation at some point. So, you're not going to get hauled off in cuffs, is my point.

And if she goes to some local fair housing office?  If/when they ever contacted you, I'd say, sure, I have no problem with companion animals.  I've got several in the building.  But, I have a process and forms that she needs to fill out that are legal, and she's refusing to do that.

Then, what happens?  They tell her to fill out the forms :-)

But, honestly, if it was me, I'd give her a notice to comply or quit.  She'll get to keep the animal, probably.  But, you'll also get to let her know she's not running the show.  

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  • Chris Eaker
    Buy and Hold Investor · Knoxville, TN · Member since 2013 · 450 posts · 270 votes
    10y

    @Demetri T.

    I'm no lawyer like you are, but I don't think "companion animals" get the same protections as service animals. Service animals are highly trained to accomplish a certain task. Companion animals are basically indistinguishable from pets. What are they highly trained to do?

    0Reply
  • Marci Stein
    Rental Property Investor · New York, NY · Member since 2011 · 956 posts · 510 votes
    10y

    As a psychologist I have to say that companion animals serve  an important purpose and can be very difficult to fight her on this one. Looks like she may have gotten over--can you request more security deposit? Maybe she won't have it.

    0Reply
  • Christina Yoon
    Real Estate Agent · Odenton, MD · Member since 2016 · 35 posts · 5 votes
    10y

    I thought I read about this recently.   Does she have documentation from a licensed physician claiming this animal to be of such.   

    Just don't violate ADA on this one. ..don't ask what her disability is, etc.   But I believe I read that you could request the doctor's letter.

    Note: Not a lawyer,  just avid reader.

    0Reply
  • Mont Boardman
    Salt Lake City , UT · Member since 2015 · 4 posts · 1 vote
    10y

    I'm not a lawyer, but if pets are not allowed in the lease. she is in violation and the lease can be terminated. 

    However if you allow pets with a reasonable request form and a pet deposit, and pet rent, then you could let her fill out the form and increase her rent. This way you make money for the inconvenience, or you can evict.

    0Reply
  • Penny ClarkPro Member
    Sacramento, CA · Member since 2014 · 513 posts · 319 votes
    10y

    @Demetri T., Savvy tenants are taking advantage of the Fair Housing laws and ADA laws in droves when it comes to their pets. And this is happening all over the country. I don't even call them pets anymore, (unless the applicant refers them as a pet). I just ask them if they have any animals. You will need to have a Fair Housing attorney who has experience with reasonable accommodation review your policies which to me, sound reasonable. If you required the other tenants to reveal if they had a companion animal and fill out the animal's information on your forms, then this tenant should as well.  I am not an attorney but I do know to qualify as a companion/service animal (They are fast becoming lumped together in one group under Fair Housing), the tenant must do the following:

    - Provide a letter from a professional third party (a physician, psychiatrist, social worker, etc) stating the need for the animal by this person and why if the connection is not readily apparent. Unfortunately, many of these doctors offer their services on line to provide this certificate with letter for a fee.

    You can accept the animal under reasonable conditions, such as require that the animal be registered and that the tenant show proof of current vaccination and that the animal is not an aggressive threat to others. 

    I believe it is illegal to charge extra rent or a separate pet deposit for a designated companion animal. However, you may be able to charge a higher security deposit. Check with the laws in your state. This would be something to find out for future tenants with animals.

    Tread carefully in these waters ; Have a set policy that has been reviewed by an experienced Fair Housing attorney. Follow any updates on these laws in your state so you don't get blindsided by a ridiculous lawsuit.

    Good luck!

    1Reply
  • Steve Vaughan
    Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    10y

    I'd give this one a no cause 30-day for sure. Is she behind on rent by chance ?

    If pressed, I'd say the reason is being deceitful and untruthful in general. This was no model tenant prior to this I'm sure. But no cause means just that amd the !most I'd do is shrug probably.

    I hope the cat is fixed. The Tom' spray never comes out. $10,000 cat.  Protect your property, Demetri!

    0Reply
  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y

    I actually know quite a bit about this subject.  What I would do is give her a 3 day notice to comply or quit, regarding the proper paperwork for her companion animal according to your rules.

    Your rules are fair under the law.  A reasonable accommodation starts with a "request."  And, you have the right to ask her to provide proof that she is disabled (unless it's obvious) as defined by the law (which honestly is pretty broad), and that she has a need for a companion animal that is based on her disability.

    You have the right to get documentation from her medical professional (that you can verify is a real medical professional and not some website with forms she can download from afar).

    You don't have the right to ask specifics about her disability or ask for her medical records.  But, the letter from the medical professional should say that she is disabled and has a need for a companion animal because of her disability, in order to be able to fully enjoy living in her unit.

    You have a process in place that is reasonable.  It's reasonable for you to require her to comply with it.

    Here is a great article on the laws and differences in types of service animals, including companion animals.  It's CA law, but CA law includes the federal laws.  CA just adds some more protections.  But, you'll see that it's relevant.

    http://www.disabilityrightsca.org/pubs/548301.pdf

    I have also learned that it is no easy or fast process to file a discrimination claim through HUD. There is an intake process, where she would be questioned about what happened and have to meet the requirements for showing that you denied her request for a reasonable accommodation. The process would probably take a year, and would include mediation at some point. So, you're not going to get hauled off in cuffs, is my point.

    And if she goes to some local fair housing office?  If/when they ever contacted you, I'd say, sure, I have no problem with companion animals.  I've got several in the building.  But, I have a process and forms that she needs to fill out that are legal, and she's refusing to do that.

    Then, what happens?  They tell her to fill out the forms :-)

    But, honestly, if it was me, I'd give her a notice to comply or quit.  She'll get to keep the animal, probably.  But, you'll also get to let her know she's not running the show.  

    7Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    10y

    I would also get rid of her but I do not tolerate tenants that lie to get around my rules. I don't care what the reason.  

    3Reply
  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y
    Originally posted by @Thomas S.:

    I would also get rid of her but I do not tolerate tenants that lie to get around my rules. I don't care what the reason.  

     If only it was that simple.  I'm assuming OR is the same, because of what was said, but in CA you can't kick out a tenant for 6 months after they assert a right, or it's considered a retaliatory eviction.

    And she probably knows this.

    Which is why I'd not let her just get away with throwing a piece of paper on the desk and refuse to comply with a process that is legal and reasonable.  That is where you can give her a notice to comply or quit.  

    She'll probably then freak out and threaten to sue for discrimination blah blah - and then quickly learn she doesn't have a legal leg to stand on.

    Like I said, she'll get to keep the cat.  But, I hate bullies.  And making her comply with the legal paperwork, would be my rubber hammer to her overconfident head :-)

    1Reply
  • Christos Philippou
    Wilmington, DE · Member since 2016 · 116 posts · 59 votes
    10y

    From what I have read about companion animals, it's extremely easy to get your pet "companion-ized" for lack of a better word haha. If you have anxiety, are lonely, sad, depressed, or anything else, you pay like $60 to have your pet certified as a company, then that gives you a ton of benefits/rights with the pet. Including getting your pet on flights for free, allowance into businesses or establishments that don't otherwise allow pets, etc. 

    Don't know anything about what you would be allowed to do about the tenant, sounds like just a crappy situation. From my complete guess, I would assume you wouldn't be able to do anything negatively against her if the tenant did everything legit and has the certification/doctor's note etc.

    0Reply
  • Lynn McGeein
    Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    10y

    It is my understanding that if the letter is from a professional and states she is disabled and the animal is required for her disability, then you can get in lots of hot water not allowing the accommodation.  I require a letter on the professional's letterhead mailed to me directly from the professional's office, but if they just brought me a letter that has the required information I doubt I would fight it.  

    I am very aware of this problem growing, however, with all the websites offering letters to anyone who fills out a questionnaire and pays a fee, and so I have begun raising all security deposit requirements and rents to the higher end of the range for all my tenants at turnovers.  Not sure how else to protect myself from this abuse allowing online letters never having personally met the patient.  I went online to one of these sites to see how easy it would be for me to get one for my dog, and it would have been no problem.  

    0Reply
  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y

    You absolutely do not have to accept just any old letter. The HUD discrimination complaint process starts with HUD contacting the complainer (after about 60 days because of their backlog). They will interview the complainer to see if their complaint is valid. And they are intimidating. They don't just believe everyone who complains. They know people abuse the law.

    Then, if they thought the complaint was valid, they would start an investigation and contact the landlord.  They would work with the parties.  They don't automatically fine someone.  And unless your complaint is for something horrendous like yelling at an applicant that you'd never take a ___________ (fill in some derogatory remark about a protected class), they're not going to come down on your head.

    This is where "knowledge is power" comes in so handy.  People can't bully you if you know the law.

    With this twit, I'd print out the law and tell her she needs to comply.  She needs to prove she is allowed a reasonable accommodation, and landlords have rights too, to make sure they aren't being scammed.

    I never had to face the situation when I was managing, but my plan was to create a form that they could take to their medical professional, which must be faxed to me from their office.  The form would ask if they have been treating this tenant relating to a disability, and I would have a cut and paste of the definition of disability for a reasonable accommodation, and my form would ask the professional if the tenant meets that definition, and do they have a need based on their qualified disability for a companion animal, in order to live in the unit comfortably.

    When it gets faxed back to me, I'd google the fax number, I'd verify this is a real medical office.  

    I bet nearly 99% of the people who said they had a service/companion animal would give up before completing the process.  Once they see I'm not going to just accept their little vest & certification junk they bought on Ebay.

    This law works both ways. I wish landlords wouldn't be intimidated by it. It just encourages people to abuse it. And to not be afraid of HUD. Heck, call them up and ask them if you have to take this person with their Ebay certificate. They don't like that stuff either. It's not against the law to deny an "un"reasonable request for a "reasonable" accommodation. If they can't prove they are disabled under the law, and have a need based on their disability, then their request is "un-reasonable."

    3Reply
  • Demetri T.
    OP
    Investor · Newberg, OR · Member since 2015 · 34 posts · 18 votes
    10y

    Thank you so much for all the input.  I am fairly certain I am frustrating this gal by not rolling over.  

    She told me today that she is planning on being out in the next six months... how awesome would that be.

    We haven't resolved the issue yet but I will let you know when we do.  

    Interestingly, since she still hasn't submitted an application for "Reasonable Accommodation" nor signed my "Companion Animal Agreement" it seems to me like she is still in violation of her lease.  Here in Oregon I gave her a 10 day notice of violation and if she is still in violation for the "Pet" I can give her 10 day notice without the right to cure!

    1Reply
  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y
    Originally posted by @Demetri T.:

    Thank you so much for all the input.  I am fairly certain I am frustrating this gal by not rolling over.  

    She told me today that she is planning on being out in the next six months... how awesome would that be.

    We haven't resolved the issue yet but I will let you know when we do.  

    Interestingly, since she still hasn't submitted an application for "Reasonable Accommodation" nor signed my "Companion Animal Agreement" it seems to me like she is still in violation of her lease.  Here in Oregon I gave her a 10 day notice of violation and if she is still in violation for the "Pet" I can give her 10 day notice without the right to cure!

     OH!  Love, love love that one!  I'd let her know that in writing.  She's had plenty of fair warning.

    In case you've never seen the Ebay junk I thought it might give you a giggle:

    http://www.ebay.com/sch/i.html?_odkw=service+dog+l...

    http://www.ebay.com/sch/i.html?_odkw=service+dog+v...

    0Reply
  • Account Closed
    San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y

    Just for anyone looking for the actual laws. The following text is from this HUD document:

    http://portal.hud.gov/hudportal/documents/huddoc?i...

    Housing providers are to evaluate a request for a reasonable accommodation to possess an assistance animal in a dwelling using the general principles applicable to all reasonable accommodation requests. After receiving such a request, the housing provider must consider the following:

    (I) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities? 

    (2) Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability?

    If the answer to question (1) or (2) is "no," then the FHAct and Section 504 do not require a modification to a provider's "no pets" policy, and the reasonable accommodation request may be denied.

    .......

    Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal. 

    If the disability is readily apparent or known but the disability-related need for the assistance animal is not, the housing provider may ask the individual to provide documentation of the disability related need for an assistance animal. 

    For example, the housing provider may ask persons who arc seeking a reasonable accommodation for an assistance animal that provides emotional support to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.

    2Reply
  • Penny ClarkPro Member
    Sacramento, CA · Member since 2014 · 513 posts · 319 votes
    10y

    Hey All, 

    I just wanted to update my previous comments about animals who fall in this category. I just came from a class on rental criteria taught by two attorneys with experience in Fair Housing law and ADA law who said any increase on security deposits due to the renter having a companion animal is considered an illegal no-no- , according to Fair Housing. I knew you couldn't ask for a pet deposit or pet rent for a designated companion animal but not being able to raise the security deposit was new to me. What do you think landlords will be doing to protect themselves from "assistant or companion animals" who may cause damage or excessive wear or tear? My bet is if the landlord doesn't know which applicant will be asking for this accommodation, I would say the only recourse is to just charge the highest limit the law allows for a security deposit for all applicants so you're covered. I'm in a blazing hot rental market right now and tenants I rent to will pay it. 

    1Reply
  • Randy Johnston
    Residential Real Estate Broker · Beaverton, OR · Member since 2014 · 335 posts · 149 votes
    10y

    @Demetri T. I hope this helps answer some of you questions as they are specific to Oregon.

    http://www.fhco.org/discrimination-in-oregon/protected-classes/disability/assistance-animals

    0Reply
  • Shaun Hunt
    Cedar City, UT · Member since 2014 · 113 posts · 30 votes
    9y

    @Demetri T.

    Hey, I'm interested to see what has happened over the past 9 months, in regards to the cat.  Do you care to share?

    0Reply
  • Ed S.
    Investor · Oskaloosa, IA · Member since 2014 · 126 posts · 65 votes
    9y

    I like to hear the "Rest of the Story" as well!!!!

    0Reply
  • Demetri T.
    OP
    Investor · Newberg, OR · Member since 2015 · 34 posts · 18 votes
    9y

    it's not particularly exciting in my case.  She never complied with our rules for "companion animals" or "reasonable accommodation" but I decided to give her a no cause eviction instead of fighting her and giving her a way out (and preventing me from ever getting her out).  Ironically Oregon has several bills coming up that would prevent no cause eviction if they pass this sesion which made me act a little faster to use the no cause route.

     She actually didn't put up any fight and when I got the unit back I went in with a camera just in case but it was in pretty good shape- she got most of her deposit back even!  

    If people have questions on this one I feel much better about directing you and there is a bunch of good info from the answers above.

    0Reply
  • Ed S.
    Investor · Oskaloosa, IA · Member since 2014 · 126 posts · 65 votes
    9y

    Thanks for the update.

    This is becoming an issue and I think the newbies (maybe all of us) need to get educated on this issue.  

    I was recently at the Dallas Airport, there was a 80 pound dog at the boarding gate. Everyone was petting it until we got ready to board and then a few passengers figured out he was going with us -- LOL!

    It was funny to see all the shocked faces!  

    Do they fly free -- does anyone know?????????????

    0Reply
  • Kryssy Griffin
    Member since 2019 · 2 posts · 0 votes
    7y

    Property Manager WA State

    So I received multiple complaints from tenants that an unauthorized vicious pit bull was seen at one of my tenants apartments.  I confronted the tenant and she was insulted and said she did not have a dog living with.  She then calls three days later and talks to another property manager stating she just received a companion letter from her doctor.  My concern is more of the safety of the surrounding tenants. I am not quite sure how to handle this one??? 

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    @Kryssy Griffin  If the insurance bans certain breeds, then regardless of her reason she can't have it.  There is reasonable accommodation and if you can't insure your property or the other tenants don't feel safe, then give her the option to leave.  

    You can also tell the other tenants to report the dog to the city if it is vicious.  A number of places in WA state have pit bull bans.

    2Reply
  • Kryssy Griffin
    Member since 2019 · 2 posts · 0 votes
    7y

    Thank you for the response!

    0Reply
  • Susan H.Pro Member
    Investor/Landlord · NWA, AR · Member since 2016 · 227 posts · 132 votes
    7y

    @Kryssy Griffin please keep us updated on this issue.

    ~Susan

    0Reply
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