Pet question in Nebraska

Investor · Plainview, NE · Member since 2016 · 23 posts · 5 votes

Just had a renter call me and say that she was diagnosed with PTSD. She says that the doctor suggest that she get a trained service dog. She is about 6 months into a year lease that say no pets. She says this is not a pet, its a service dog. I told her that if she had to have the dog that she would have to pay another $25 per month rent and an extra $150 for pet deposit.

She says she is going to contact her lawyer because she was told in Nebraska you can't charge extra for a service dog. Can anyone tell me if you have ran into this situation before?

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Mindy JensenPro Member

BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes

@Dean Boyer , You cannot charge extra pet rent, because it is not a pet. You CAN (and should) get an additional deposit.

You are allowed to request proof of prescription - a valid Emotional Support Animal (ESA) is prescribed by a physician. You are not allowed to ask WHY she needs it, although it seems as though she already told you why.

You are required by law to make reasonable accommodations - meaning if you have a no animals policy, it is a reasonable accommodation to change that to allow support animals.

You can require her to pick up the poop, you can require her to have a dog that is well behaved at all times - she isn't allowed to have Cujo run off all your other tenants.

Having a no pet policy means you don't allow pets. If you don't want pets, then don't allow them. But you must allow ESA's - even if you don't agree with the rules.

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Kyle Godbout
Investor · Omaha, NE · Member since 2015 · 366 posts · 184 votes
9y
Definitely contact a lawyer to make sure. I'm almost positive that you can't deny a service dog, however I'm not sure about the pet fees. I would guess you can still collect a pet deposit and rent like other pets. I'd be curious to see the legal answer to this too!
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David D Painter
Member since 2016 · 143 posts · 157 votes
9y
You cannot charge extra nor refuse a service dog. I would make her provide written proof from a professional. Seems like everyone these days is claiming a service dog.
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Dean Boyer
OP
Investor · Plainview, NE · Member since 2016 · 23 posts · 5 votes
9y
Isn't she breaking the lease by getting to have a dog in the house? What good is a contract stating no pets then? Can I restrict the size of dog?
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Scott Weaner
Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
9y
PTSD does NOT require a service dog, but maybe an emotional support PET. A service dog performs certain duties for the owner. This tenant does not have any duties that are needed to be done. I believe that the rules are very different. Check with your state.
I am still working on getting my emotional support Honey Badger.
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
9y
Make sure of your legal rights. Many people try to put one over on a landlord in this regard to get a pet. Put the responsibility on her to provide all proof and documentation before you allow a dog. Make it clear to her if she does not have the documentation to support her request moving a dog in will result in her eviction.
I would approach this from the assumption she is lying, most tenants will lie in this situation. Make her prove it.
When her lease ends I would terminate her with the justification you are intending to do renovations.
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Dean Boyer
OP
Investor · Plainview, NE · Member since 2016 · 23 posts · 5 votes
9y
Thanks for the advice. I am contacting a lawyer this afternoon.
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Account Closed
Investor · Santa Rosa Beach, FL · Member since 2016 · 232 posts · 153 votes
9y
Service dogs are not PETS. I recommend you call an attorney or research the topic before you proceed. Here's the official ADA FAQ's
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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
9y
@Dean Boyer , You cannot charge extra pet rent, because it is not a pet. You CAN (and should) get an additional deposit.
You are allowed to request proof of prescription - a valid Emotional Support Animal (ESA) is prescribed by a physician. You are not allowed to ask WHY she needs it, although it seems as though she already told you why.
You are required by law to make reasonable accommodations - meaning if you have a no animals policy, it is a reasonable accommodation to change that to allow support animals.
You can require her to pick up the poop, you can require her to have a dog that is well behaved at all times - she isn't allowed to have Cujo run off all your other tenants.
Having a no pet policy means you don't allow pets. If you don't want pets, then don't allow them. But you must allow ESA's - even if you don't agree with the rules.
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Dean Boyer
OP
Investor · Plainview, NE · Member since 2016 · 23 posts · 5 votes
9y
@Account Closed Great advice and I read the ADA and HUD regualtion thanks for posting that Meghan.
She sent a text to me saying that a doctor suggests that she gets a dog. My next step will be getting documentation from the doctor saying that she NEEDS to have a dog. She has been late on rent 2 times in 6 months. I have had more complaints from her than my other 7 properties added together. If she is a day late again, I will just start eviction. Maybe, I should relay this information to her and that might make her toe the line on rent payment now that she will have a dog.
I had the best references on this person that I have ever received. I thought that they were be laying it on a little thick when they were talking to me about her. I am now speculating that she has relatives set up to be the people answering the phone for her references.
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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
9y
@Dean Boyer a way to double check that you're talking to the right landlord is to purposely make a mistake in the address when you ask them about it. Address is 1234 Main St., ask the landlord, "Now she lived at your property at 2334 Main St. right?"
Since she has thrown it out there that she will be getting a dog, start documenting every single thing. Go back and note that she was late with rent on X and again on X. Note how many days she was late, and if she paid any late fees. (You should charge them and make the tenants aware that any money collected will first be applied to any late fees before being applied to rent, and that you do not accept partial rent payments.)
You do not want any eviction for late payments to be confused with her desire to get a dog.
Do not accept partial rent, either. That can stop the eviction process in many states.
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Dean Boyer
OP
Investor · Plainview, NE · Member since 2016 · 23 posts · 5 votes
9y
@Mindy JensenGreat advice on the wrong address idea. I will do that.
I did charge her a late fee and she paid that is why I still have her. Since we are in winter, it will be difficult to find a new renter anyway. I am afraid that now she might she taking this PTSD to the extent of missing work and then the loss of her job. Hopefully we don't get to that point.
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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
9y
Glad to hear you have the late fee set in place.
Now is a good time to research the eviction process in your state. Most states require a pay or quit noticed, and you can't post it before rent is X days late. Figure out how many days before you can post a pay or quit, and have it ready to go.
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Scott Weaner
Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
9y
Originally posted by @Account Closed:

Service dogs are not PETS. I recommend you call an attorney or research the topic before you proceed. Here's the official ADA FAQ's
An emotional support animal is NOT a service animal...they are different "animals!"
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Account Closed
Investor · Santa Rosa Beach, FL · Member since 2016 · 232 posts · 153 votes
9y
Originally posted by @Scott Weaner:

Originally posted by @Account Closed:
Service dogs are not PETS. I recommend you call an attorney or research the topic before you proceed. Here's the official ADA FAQ's
An emotional support animal is NOT a service animal...they are different "animals!"
"Different animals" I like what you did there.
Not to argue, but PTSD is a psychiatric disorder and there are several organizations training PTSD service animals. Here's how the ADA defines the difference.
If someone's dog calms them when having an anxiety attack, does this qualify it as a service animal?
A. It depends. The ADA makes a distinction between psychiatric service animals and emotional support animals. If the dog has been trained to sense that an anxiety attack is about to happen and take a specific action to help avoid the attack or lessen its impact, that would qualify as a service animal. However, if the dog's mere presence provides comfort, that would not be considered a service animal under the ADA.
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Jim Adrian
Architect · Papillion, NE · Member since 2015 · 1k+ posts · 840 votes
9y
@Dean Boyer
Service animals and emotional support aminals are not considered pets. Like others (@Mindy Jensen, @Thomas S., @Account Closed) have said you can not charge a pet/animal deposit or fee and you can not charge a monthly pet rent. The tenant is still responsible for any damages caused by the animal at move out. Service animals come with paperwork stating they are professionally trained. The tenant will has need a doctors prescription / order to get a service animal. Make sure you request this information and verify these documents. I would make the tenant provide yearly vet shot records, yearly licensing. Below are some additional links for you. I would issue a lease addendum for this issue to be signed by the tenant once you get all your ducks in a row.
State Related:
http://www.legalaidofnebraska.org/node/27/landlord-and-tenant-handbook
http://www.nrec.ne.gov/legal/landlordacttoc.html
Animal Related:
http://www.humanesociety.org/animals/resources/tips/assistance-animals-tenants-rights.html
https://www.nsarco.com/emotional-housing.html
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Dean Boyer
OP
Investor · Plainview, NE · Member since 2016 · 23 posts · 5 votes
9y
Update on the service animal. I told the renter that I wanted written proof. I got a short typed paragraph from a medical professional stating "It is my clinical judgement that this individual would benefit from the allowance of a pet companion at the residence."
I called the doctor and she said it was not required only recommended. The doctor goes on to say if it is allowed then the client should assume responsibilities for damages.
Am I pushing to hard? Do I still have to allow the dog now that it is not "required", but "recommended"?
Any help is appreciated.
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Deborah Turner
Altamonte Springs, FL · Member since 2017 · 12 posts · 3 votes
9y
PTSD does NOT require a service dog, but maybe an emotional support PET. A service dog performs certain duties for the owner. This tenant does not have any duties that are needed to be done. I believe that the rules are very different.
There are trained dogs to assist a person with PTSD. When a panic attack starts there is no doubt a change in the order of the person the dogs are trained to lean against the patients leg to assure them that the dog is there and where they are. Or the dog may be trained to alert the owner so they can exit the situation without having to explain that they are having a panic attack.
Until you have a panic attack there is no recognition of what happens. I had NEVER had a panic attack until I went through treatment for cancer. I rarely have one now but I will tell you when it happens and there are millions of things that can start one you are not able to just say stop or run away therein lies the terror.
Everyday they are finding new ways for dogs to assist people a dog trained to alert to cancer has over a 97-98% percent accuracy. I was lucky mine did not need training to alert me literally saving my life as the cancer has no cure if it spreads your dead.
There are so many people who will cheat the system and more everyday as they learn about EMS or Service dogs. This is a backwards solution but if you become pet friendly you can full your units and not have to deal with applicants. The Firepaw.org website has a research report that is rather amazing as to the revenue increases and why by being pet friendly.
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Paul Vojchehoske
Member since 2018 · 1 post · 0 votes
8y
Whether he is calling it a Service Animal or a Comfort Animal really doesn't matter. If he can provide documentation from a "Reliable Third Party" stating he is entitled to a comfort animal to treat his condition, you must make the "reasonable accommodation" to your no pets policy and allow the animal. Since it is a comfort animal it is legally NOT considered a pet, therefore you can't collect a pet deposit, charge pet rent or pet fees. Likewise, you can't restrict breeds, sizes, require alteration, or other such requirements. The Fair Housing Center of Nebraska and Iowa also takes the position that tenants are entitled to a comfort/service animal per disability. So he may request a dog for his PTSD and a chicken for his anxiety.... Good luck!
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