Unauthorized Pet becomes Companion Animal

General Landlording & Rental Properties
10yFollow

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". 

0Reply
51 views

Most Popular Reply

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
See this reply in the discussion

36 Replies

Jump to latestLatest
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    7y

    The problem is that a 'service animal' of any kind, is not a 'pet' under the law and thus pet related clauses don't matter. 

    0Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y
    Originally posted by @Theresa Harris:

    @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.

    I am sure this is entirely correct. Insurance carriers do ban certain breeds, but that's for pets, as soon as an animal is designated an ESA, then they are no longer considered pets. Insurance companies can increase your premiums due to added risks or cancel your policy completely, then you can claim additional financial burden and hardship to deny the animal, but from the searches I have done, this additional financial burden and hardship is difficult to prove and is vague. Furthermore, even insurance carriers are worried about FHA violations and may subject themselves to lawsuits if they prohibit breeds and a tenant or owner has a valid and genuine ESA designation.

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

    @Sam Leon  Does the same then apply to cities?  Are "emotional support animals" exempt from those bans?  I know there are true service animals, but many of the emotional support animal claims seem to be bogus and ways to get around the 'no pet policy'.

    I like the idea of requiring documentation from a certified medical doctor vs some random online source. 

    0Reply
  • Steve K.
    Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    7y
    Originally posted by @Kryssy Griffin:

    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??? 

    Legal reasons a landlord can deny an ESA include:

    1. The animal is too large for the accommodation size.
    2. If the building has 4 units or less and the landlord lives in one of the units.
    3. If the property is a SFH and the owner owns less than 3 SFH's.
    4. If the animal brings an undue financial hardship to the landlord.
    5. If the animal causes damages or harm to others in the building.
    1Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    7y

    @Kryssy Griffin  First you got complaints there was a dog, then she denied having the dog.  That is your defense against it being a service animal.   Be clear and direct , it is not a service animal because you denied having any animal.  If you can't make that stick and have her get rid of the animal the hoops to jump through are full documentation including dates for the animals shots and documentation from a health professional that knows her personally documenting a disability and the need for the animal.   

    0Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y
    Originally posted by @Theresa Harris:

    @Sam Leon  Does the same then apply to cities?  Are "emotional support animals" exempt from those bans?  I know there are true service animals, but many of the emotional support animal claims seem to be bogus and ways to get around the 'no pet policy'.

    I like the idea of requiring documentation from a certified medical doctor vs some random online source. 

    I myself am navigating through these myself and am far from an expert.

    I do know from what I have read it seems you can't refuse a ESA by just claiming insurance bans it.  You may be able to document an increase in premium by your carrier, or if they drop you for non-compliance to their banned breeds list and you have to find a different carrier with additional cost, and turn that into "financial burden and hardship" as the reason to not accept an ESA.  If someone knows the answer please chime in.

    Yes most ESA claims are bogus.  The trick is to find out which is which without being unfair and intrusive to the real ones, as well as being able to smell it ahead of time so you won't be surprised in mid lease.

    In addition, I am also confused by some suggesting that an animal policy does not apply to service dogs or ESA.  That doesn't seem logical to me.  Is this true?  True, many landlords have a pet policy, collect a pet deposit and pet fee, which an ESA is not.  So you can't charge additional for an ESA, but surely you should be able to have an addendum, OK call it an animal addendum to require general things like the tenant is still responsible for cost of any animal damages, or flea/tick treatment of the property when they vacate, or keeping up with vaccination, must pick up after the dog etc...on the other hand, let's use "pick up after dogs" as an example...if the tenant is blind and has a seeing eye dog, how would the tenant go pick up after the dog?  He can't see where the dog went.  So clearing some rules are not possible or even reasonable.  Anyone?

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

    @Sam Leon  Service animals are very well trained and I am pretty sure you are not allowed to charge a pet/animal fee for those.  Some of the problem with rules for ESA may come from people not understanding that ESA and service dogs are VERY different and using the terms interchangeably,

    Hopefully someone from Florida can give you info.

    0Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y
    Originally posted by @Theresa Harris:

    @Sam Leon  Service animals are very well trained and I am pretty sure you are not allowed to charge a pet/animal fee for those.  Some of the problem with rules for ESA may come from people not understanding that ESA and service dogs are VERY different and using the terms interchangeably,

    Hopefully someone from Florida can give you info.

    SA and ESA are very different.

    The problem is at this moment, the qualification or threshold for an applicant or tenant to demonstrate a need for an ESA is VERY LOW, TOO LOW, SO LOW that they can easily establish a need and provide written documentation.

    (May 17, 2004) states that a doctor or “other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the tenant's disability" may provide the verification of the tenant's disability.

    That is an exceedingly low bar.  A peer support group?  So practically anyone can provide the verification needed?

    So the online instant certification for $30 may be "Legit" under the letter of the law.

    If you do not accept those, do you not violate FHA?

    0Reply
  • Ryan Proffit
    Saint Joseph, MO · Member since 2018 · 401 posts · 244 votes
    7y

    @Kryssy Griffin

    Perhaps could you just get her for lying to you? Evict her based on the fact that she got the dog first, then tried a way to work the system? Just a thought.

    0Reply
  • Chloe Magaldino
    Member since 2019 · 4 posts · 0 votes
    7y

    @Penny Clark

    Is it possible to write into a lease agreement that “Any damage to any part of the property, including soiling or excessive wear of flooring, is the tenants’ full financial responsibility for repair to original state”. And somehow state this is NOT just part of the security deposit?

    0Reply
  • Jack B.
    Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Theresa Harris:

    @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.

     This is what I found too some years ago researching this issue. When people tell me their three pit bulls are emotional support animals, I tell them my insurance doesn't allow dangerous breeds and that by law I'm not required to rent to them since I can't have a mortgage from the bank without insurance. 

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free