Pitbulls as service animals... I don't want to get sued!

General Landlording & Rental Properties
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Pitbulls as service animals... I don't want to get sued!

Brandon TurnerPro Member
Investor · Maui, HI · Member since 2009 · 13k+ posts · 3k+ votes

Hey folks - so I have a property in a lower-income part of town and almost every tenant who applies has a pitbull. (The animal, not the singer!) 

Anyway - tenants today know the game. They just need to say "it's a service animal" and get a letter from a doctor and I can't turn them down. So they do.  This is a game they all play and it's always annoyed me but there's not much I can do except find other reasons to disqualify them (or just allow the animal.) 

But here's an interesting twist:  the insurance company directly told us that under no circumstance will they cover a pitbull biting someone. Pitbulls are not allowed (which I always assumed.) 

So- it would be illegal for me to tell the tenant I can't rent to them because of the pitbull... but insurance won't cover me if they do have one.

Anyone have any ideas on what I should do? I guess just find another way to disqualify them... but if they are truly perfect tenants, I could get sued for disability discrimination. 

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Brian Simmons
Landlord/ Investor · Republic, MO · Member since 2015 · 41 posts · 30 votes
10y

I have had to deal with this on two separate occasions..  Here is what we did.  First off, many tenants will try to get a note online or through a paper mill type company.  It is my understanding (via lawyers) that the note has to come through an individual with reasonable and professional responsibility for the mental or physical care of the individual..  That doesn't mean it has to be a doctor, but it does have to be someone who can be verified by the landlord and has some sort of professional standing. (Aka an actual person)

So back to what we did that worked exceedingly well on both occasions. (Once a physician, once a counselor) 

Our lawyer sent the care giver a certified letter and a call informing them that any liability from a lawsuit resulting in an injury from a vicious breed animal they approved as a service animal would mean we in turn would be including them as liable on the given suit, and to please forward us a copy of their liability limits..

In both instances letters were immediately withdrawn.. In one instance we got a certified letter back stating we should reject the previous pet approval IMMEDIATELY..

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  • Kimberly H.
    Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    10y

    @Anthony Lee my bad, I meant to ask @Tyler Ansell for the animal form. 

    0Reply
  • Anthony Lee
    Insurance Agent · West Long Branch · Member since 2015 · 206 posts · 64 votes
    10y

    @Kimberly H. no worries. All the best. 

    0Reply
  • Jack B.
    Rental Property Investor · Seattle, WA · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    @Brandon Turner

    I know what you mean. Just about every other applicant claims that their dog is a service dog, with a big grin on their face. And just about all of them are pit bulls or some other restricted breed. I like the approach posted above, the most qualified tenant. I don't give tenants anything other than what is required as far as denial of application, which as you know, in WA you must now provide written reasons in a specific format as to why you denied them. But generally I'm really vague. Hey, HR doesn't get to tell me why they didn't hire me, why do I have to tell people why I didn't rent to them? Even though I do, you better bet I'm going to protect myself legally.

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  • Jonathan Makovsky
    Investor · Fairfield-New Haven-Hartford County, CT · Member since 2013 · 825 posts · 413 votes
    10y

    Phenomenal post here @Brandon Turner! 

    Ironically, last night at a local landlord association meetup there was a Fair Housing specialist attorney speaking and this issue came up. Unfortunately, he did not offer any clear guidance on defending against it.

    @Jay Hinrichs, Rejecting based on size, weight, or breed restriction is a violation of fair housing for service/emotional animals (scroll down link about 60% and it answers question quite specifically: http://www.humanesociety.org/animals/resources/tip...). 

    @Julie O., very clever to say "changing insurance companies" is not a reasonable accommodation. Any precedent here?

    (Would love to hear a Fair Housing specialist on a BP podcast to discuss this and other potential tenant hazards.)

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  • David Krulac
    Mechanicsburg, PA · Member since 2013 · 3k+ posts · 2k+ votes
    10y

    @Brandon Turner

    My insurance company has a list of 11 dog breeds that I am not allowed to rent to, or I face policy cancellation.  I always ask the breed if it is not on the application and explain to the applicant that I can not rent to them because of the insurance policy. (Pitbulls and Rottweilers head the list.)

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Jonathan Makovsky  I understand that it is an issue.. would not change my stance... but I am not in the rental business anymore  or almost done.. so not an issue for me personally.. but if it was I would just say NO dogs period

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  • Tyler Ansell
    Investor · Tampa, FL · Member since 2015 · 293 posts · 175 votes
    10y

    @Kimberly H.

    I uploaded. It's in Tyler Ansell's files under "Service Animal Form (Blank)". Let me know if you can find it, I've never uploaded anything before. Put it onto your property letterhead and good luck!

    1Reply
  • Kimberly H.
    Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    10y

    @Tyler Ansell found it, thanks!

    0Reply
  • Lisa Troxel
    Real Estate Agent · Hayden, ID · Member since 2010 · 89 posts · 31 votes
    9y

    @Brandon Turner

    Over here in Idaho, I have brought up this subject with the Fair Housing Council reps at the annual meetings (yes, I have brought it up more than once). My insurance company has a restricted breed list that I don't want to violate because my insurance is very reasonable compared to other companies. Pit Bulls are a very popular breed over here also  (just check out the humane shelters- that's all they have). I have been told to say "Yes, I would totally accept your dog as long as my insurance company agrees." Then, I am to go to my insurance company and after they say no; I am to go to the Fair Housing Council and sic them on my insurance company. So says the Fair Housing powers that be in Idaho at this year's meeting. Try it, I have been assured that as long as I am trying to uphold the law, they will have my back. (No, I haven't needed to try this out yet)

    How's the baby doing?

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  • Gavin Carlson
    Temecula, CA · Member since 2016 · 22 posts · 3 votes
    9y
    The Office of Fair Housing and Equal Opportunity does say that a landlord can deny a request for reasonable accommodation (like accepting a service animal) if doing so will cause the landlord financial hardship, like if you insurance premiums are increased or cancelled due to the service animal. It sounds though that there are no hard guidelines on the issue, and I always have had a difficult time with these types of situations each time they come up. You can read a memo the OFHEO released on this below: http://www.fairhousing.com/include/media/pdf/insuranceguidance.pdf
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  • Dennis Waldrop
    Panama City Beach, FL · Member since 2017 · 1 post · 0 votes
    9y

    or stop being a piece of crap and denying people because of their dog breeds. News flash it's 2017 if people are gunna be gett My discriminated against because of the type of dog they own they will find a way around it. And you admitting you would just find something else to deny them for is just crazy. Stop being what's wrong with this world and let people have whatever breed of dog they please.

    0Reply
  • Michael Farney
    Homewood, IL · Member since 2017 · 8 posts · 2 votes
    8y

    Per a 2006 HUD ruling, if a housing provider's insurance carrier would cancel, substantially increase the costs of the insurance policy, or adversely change the policy terms because of the presence of a certain breed of dog or a certain animal, HUD will find that this imposes an undue financial and administrative burden on the housing provider. I interpret this to mean they can be legally denied.

    You can also require them to carry all the necessary insurance that is not covered because of the restricted breed.  However, it's best is to disqualify for some other reason, so raise your standard qualification criteria for that area so 90% of applicants aren't qualified.  You can still accept an "unqualified" applicant for your rental, but it makes it easier to weed out the bad ones. 

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  • Brandon Hicks
    Investor · Avilla, IN · Member since 2013 · 796 posts · 769 votes
    8y
    Why are you guys denying applicants? Aren’t you doing a good enough job maintaining your properties and marketing to get multiple applicants? Don’t deny anyone...just rent to someone else. “I have leased the unit to another applicant” is the official statement.
    2Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    You are allowed to ask the application, what exact task this service dog was trained for. As that's what determines what a service dog is: A dog that is trained to perform a particular task, that the owner can't do on their own and which is necessary. 

    The answer that the applicant gives you will tell you whether it's a proper service dog or not. 

    I also always point out that they'll of course have their dog with them at all times and when they say 'no', it stays in their crate when I'm at work......then I know it's not a proper service dog.......of if they tell you that their work doesn't allow them to have the dog with them......well, the job can't deny them having their proper service dog with them, so, it's not a service dog. 

    1Reply
  • Jeshua Patrick
    Rental Property Investor · Charlotte, NC · Member since 2017 · 298 posts · 232 votes
    8y
    Brandon Turner did you ever come up with a long term solution for this problem? I would personally look into whether you can require them to complete an information packet on their “service animal” that includes picture, name, veterinary records, training records, HIPAA release forms for their doctor and employer that allow them to talk to you regarding their “service animal” and/or the alleged disability that requires said “service animal”, and any other relevant information regarding said animal. If you can legally require this as part of your application packet then failure to complete constitutes an incomplete application which is cause for denial of application. Lying on the application would also be grounds for denial of application. If after all that they still qualify, I agree with others that requiring additional liability insurance specific to the animal with you listed in the proper manner on the policy as specified by your attorney and/or insurance agent would be the next step. I would also require proof of policy be provided for review at least 7 business days prior to them taking possession of the property. Failure to do so constitutes an incomplete application and voids the lease agreement.
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