Applicant with Service Dog: What to Ask?

Question

Prospective tenant has two tiny dogs and a German Shepard service dog. I've advertised the property as pet-friendly and accept 2 pets (dogs, cats, or dog and cat) with the usual vaccinations, etc. I know the GS doesn't count as a pet, but what documentation can I ask for to verify it's a service dog?

Account Closed · Answer

Oh and diabetes doesn't qualify as a disability that requires a service animal LOL.

Okay, I'll shut up now :-)

Ricardo Meza · Answer

I believe what you're looking for is stated HERE - page 3, bottom of second column.

"persons who are seeking a reasonable accommodation for an emotional support animal may be required to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates at least one of the identified symptoms or effects of the existing disability. "

Hope that helps!

Susan H. · Answer

Thank you very much, Ricardo!

While I was showing the prospective applicant the home, she disclosed the German Shepard was "in training to be a service dog" because she has diabetes. She was vague on how long the dog would be in training, couldn't remember the trainer's name, and said she'd have to look on her phone to find it. (This said while holding the phone in her hand.) She doesn't have documentation from a physician because the dog is still in training but she's sure she can get it.

Between the two chihuahuas, a service dog that isn't (yet), a father who lives in her garage while waiting for senior housing to come available and is a smoker (there's no smoking anywhere on the premises), an adult son and his maybe-fiance ("who are trying to get their own place"), a 14-year old, and a long-haul trucker husband, I can only imagine what the home would look like with that crew in place.

Account Closed · Answer

@Susan Holmes You're a sweetie.  I didn't find a HUD letter specifically for physical disabilities (service dogs) rather than companion animals, but you could tweak the letter if they're claiming a physical disability, easy enough.

Just wanted to mention that the only kind of service animals that are allowed to go everywhere with the owner, are those that are trained service animals, that do a specific action for the disabled person.  For example, alert someone with epilepsy they're about to have a seizure, get between a vet with PTSD and other people if he/she starts to get stressed out, and of course, pick things up off the floor for those in wheelchairs, and seeing-eye dogs, etc.

But, companion animals are not allowed to go everywhere with their owner.  They are strictly for companionship, and don't have the same "rights."  Tenants will abuse this, and if you know the laws, you can call their bluff.  Ask them for a letter from their medical professional to explain why this is a trained service animal and what exactly it is trained to do that sets it apart from a companion animal.

Account Closed · Answer

And honestly, if it was me, I'd tell applicants that the number of pets includes service animals.  And dare them to file a complaint.  But, the above letter should knock out most applicants.

And I think landlords forget that the tenant must ask for a "reasonable" accommodation based on their disability.  You'd have a very good argument that turning down a tenant who wanted to have a third dog wasn't reasonable.  You have no problem allowing service animals, but being required to accept three animals is not reasonable.  That would be my argument and I'd dare them to file a complaint and go through a year's process to see if HUD agrees with me.  While they move somewhere else and await HUD's decision - IF HUD even agrees they have a case when they do the intake interview about 60 days after they file the complaint - and moved somewhere else...

The occupancy limits are different in different cities, counties, etc.  A good rule of thumb is 2 per bedroom plus one.  But, there are places like NYC, where you have to allow a person for every 80 square feet, including kitchens, etc, or something crazy like that.

But, if you can make a case as to why you need to have less occupants than the local ordinance, you can possibly have less.  For instance, if your property had a septic system that can only handle so much waste, etc.

Account Closed · Answer

@Phil Early posted this link in another thread and I bookmarked it:

portal.hud.gov/hudportal/documents/huddoc?id=DOC_7399.doc

It will automatically download a letter from HUD to give applicants to take to their medical professional.  If it was me, I'd require them to have it faxed from the medical office, and I'd verify the number and medical professional is bonafide.  So, this is actually written and provided by HUD, so you can't go wrong there.  Here I cut and pasted it:

Sample letter for Companion Animal

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)

ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD]:

[NAME OF TENANT] is my patient, and has been under my care since [DATE].  I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability.  He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC].  In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME].  Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal.  Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL]

Mike R. · Answer

something I read on this site regarding this subject is to require proof of annual vaccinations and local pet License .  I would also require proof of professional flee treatment (flee collars from petco do not work).  Owners of real service dogs will do all of the above but scammers won't spend the money or time

Chris Virgil-Stone · Answer

Yeah always go with your gut @Susan Holmes. I have had tenants try and tell me their new pet was a service animal yet it was brought home as a puppy. Anyone who truly needs an emotional support animal or service animal would be more than willing to provide paperwork upfront or have it in hand when applying.

Steve Vaughan · Answer

I use HUD occupancy guidelines, which as far as I know, are 2 per bedroom unless bro and sis over 2 yrs old. They're not supposed to share.

Again- as far as I know. Because  I always ask how many people, it's not an issue for me.  I also don't provide my phone number pretty much until they move in. Hope these guys don't bug ya to death. Definitely been there!

Susan H. · Answer

Thanks for the info, Sue. I'm saving this!

Applicant with Service Dog: What to Ask?

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