Define "service dog"
Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes
Define "service dog"
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Investor · Tampa, FL · Member since 2015 · 293 posts · 175 votes
9yWe get this all the time. They mostly go to document-mills online and generate fake docs. We've even had ones where actual doctors are running websites signing off on these things. What we require is the tenant to have their doctor fill out OUR form, that way there's no faking it and if they actually have a service animal they won't mind.
27 Replies
- Investor · Germantown, WI · Member since 2012 · 206 posts · 364 votes9y
Here is HUD's definition of a service animal and how to apply it to rental properties. Obviously this is HUD specific but it's a safe bet that your state doesn't stray too far from the HUD definition and guidelines.
https://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf
- Member since 2016 · 13k+ posts · 12k+ votes9y
It is a animal trained to perform specific tasks to assist persons with physical or mental disabilities. They need a doctors proof of need to qualify.
My preference is to avoid the issues that could arise by insuring my most qualified applicants do not claim they have a service animal.
- Investor · Tampa, FL · Member since 2015 · 293 posts · 175 votes9y
We get this all the time. They mostly go to document-mills online and generate fake docs. We've even had ones where actual doctors are running websites signing off on these things. What we require is the tenant to have their doctor fill out OUR form, that way there's no faking it and if they actually have a service animal they won't mind.
- Investor · Oak Park, IL · Member since 2014 · 307 posts · 150 votes9y
In Chicago it seems to be any mutt with a $300 harness.
- Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes9y
@tyler ansell Do you mind sharing your form?
- Altamonte Springs, FL · Member since 2017 · 12 posts · 3 votes9y
Housing regulations fall under the Fair Housing Act which is federal law, it can not be over turned by a state.
Service dogs and emotional support dogs are two different animals. :) A service dog must be trained to do just one thing to improve the quality of life there are no registries and they do not have to wear vests. You may ask what the dog does for the person but not much more they should have a letter from a medical care professional.
An Emotional Support dog is not trained but rather is there to provide comfort to the owner, having a dog is known to help those with depression. There is no registry, they do have to have a letter from their medical care professional. There are online sites that are cranking these out every minute of the day. Unfortunately they are not the proper way but if they give the person a letter expressing that the person needs a Emotional Support dog you have to allow them.
A new designation is a Psychiatric Service Dog which also assist people with depression and PTSD they are also given the same right to residences as the first two.
However, a Therapy dog is not considered a service dog and you have no limitations as to whether or not you rent to them. These are dogs who go to hospitals and nursing facilities to visit the patients.
There catch 22 in this is that even if your insurance company indicates that you will not be covered for liability as a result of injury the insurance companies are not bound by FHA rules. I have consulted with HUD/FHA and you CAN NOT make a rule that anyone with dogs must have insurance. If you have tenants with the above noted designations you CAN NOT make them purchase insurance.
The safe way to think of these animals is as medical equipment, you can not require a tenant using oxygen to do anything because they have oxygen tanks. You can't ask a tenant with a support or service dog to do anything because the dog is on your premises.
- Specialist · Grand Rapids, MI · Member since 2016 · 1k+ posts · 611 votes9yMark Forest We encourage them to apply if they do and just let them know that if they apply and our chosen over other qualified applicants then we'd be happy to have them. We also provide them a copy of the rental agreement and 4 page pet application that all of our renters with pets regardless of service animal or not complete which includes documentation of need. This normally screens them out because they realize we are not discriminating against them for their animal but generally if they are working or have worked the system they are just not good renters and somewhere along screening process we will have a more qualified applicant regardless of pet. We personally have pets so we love having them under the right circumstance but if there is a situation for example where other tenants like in a duplex have pet allergies then we could not in good faith give preference to a prospective tenant over existing tenants.
- JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes9y
A service animal is a dog with specific training and certification to assist a person with disabilities. An assistance animal (like an emotional support dog or cat or pot belly pig) needs no training, nor any certification, and is not limited to dog.
Remember, even if someone is allowed to have an animal because of a disability, they are not allowed to damage the property, the animal must be kept under control at all times, and they are not allowed to generate odors or allergens that would affect other tenants. In other words, they must take steps to keep odors and allergens within the four walls of the rental unit.
- Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes9y
Also- this may vary by state. But in Washington if it's a privately owned rental that's under 4 units it doesn't have to bow down to the service animal regulation.
Don't quote me on that- But I'm fairly sure that if it's not professionally managed and it's not multi family it doesn't have to meet compliance for service animals.
- Real Estate Broker · MI · Member since 2014 · 594 posts · 183 votes9yIn the state of MI service dogs and their trainers are not regulated by the state. Best of luck!
- Investor · Tampa, FL · Member since 2015 · 293 posts · 175 votes9y
@Mark Forest I feel like I already uploaded it to the fileplace under service animal or something along those lines. It's really, really simple. Tenant information, animal description. Doctor diagnosis and reasoning. Doctor office information. Signature lines. We put a little disclaimer on there that by signing we can call to verify.
- Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes9y
@Mark Forest most likely they are not a service animal, they are probably an emotional support animal. There is a MAJOR difference.
A service animal is governed by the ADA (American Disabilities Act) and they are trained to do a specific task. One common example is a seeing eye dog. These animals go through professional training and are certified by the organization that trained them. Service animals are allowed in stores and restaurants by law. Insurance providers cannot drop your insurance if a certified service animal is in your property. It can cost thousands of dollars for these animals and insurance companies usually pay for them.
Emotional support animals are allowed per HUD and are not ADA governed. They can be prescribed by a trained medical professional. That needs to be a mental health professional such as a doctor or licensed therapist that is seeing the person they prescribe it for. Emotional support animals do not need any training or certification. Their job is to help mentally ill people, which could be treating anxiety, depression, PTSD or any other mental condition. Since it is HUD that is governing these animals, it is not required by law that stores or restaurants allow them to enter. It is also not required that insurance companies insure your property. For example, if the emotional support animal is a pitbull, then many insurance companies will drop your insurance and it is perfectly legal. Since the animals require no training, they could be dangerous to people or your property. Insurance doesn't pay for these animals and it is very often just a shelter rescue.
People use emotional support animals as a way to force landlords to accept their pet. If they are saying that an emotional support animal is a service animal, they are misusing the terms. You are allowed by law to ask what condition a service animal is treating, if it is not obvious. For example if someone is blind, you should not ask them what their service dog is for. If it is an emotional support animal you cannot ask what condition is being treated. You can request a letter from their care provider that states the animal is required for treatment of their condition. Be very careful with these letters, because you can buy a letter or certificate on the internet. You can also buy a service animal vest. None of these things are acceptable, although people will argue and insist that they are. People who are buying things like this from the internet should be denied immediately. They are not following the law, mostly because they are ignorant scammers.
I recommend you go through local fair housing training on this subject. What is happening is people are telling their friends if they want a dog in their apartment, just get a doctors note. You are not allowed to charge pet rent or pet deposit for an emotional support animal, so it is a way for people to get animals into your property. The scary part is that there is no breed restriction, so dangerous breeds could be forced into your property. It could result in your insurance being dropped.
My hope is with a more conservative landlord friendly administration, that HUD will revise these horrible rules. In my opinion, an emotional support animal should require training. That would mean instead of picking up a pitbull at a shelter, your tenant would need to spend thousands on a trained animal. The difference is trained animals are better behaved than most tenants.
On a personal note, I have issue with the concept that one persons rights should be above another's. For example, if you are forced to accept a cat into your apartment building and other tenants are allergic, then you just placed the needs of one person over another. So a tenant with a mental condition is deemed more important than someone with physical condition (allergies). I don't believe HUD has the right to make this decision. Most tenants struggle to take care of themselves and the last thing they should have is a pet to worry about.
- Specialist · Victor, NY · Member since 2013 · 823 posts · 844 votes9y
Originally posted by @Mark Forest:
I have a strict no pet policy, but lately prospective tenants have been saying "but my dog is a service animal." Is there a legal definition in my state of Michigan of a service dog? I don't think I can even ask a prospective tenant if they have a disability. I need some legal guidance. Thank you.
From what I can tell....any dog can become a service dog. To do so, the owner needs simply to start calling their dog a "service dog".
- 9yJay HinrichsBusiness MemberReal Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
@Natalie Kolodij I think your confusing the right to discriminate if you OWNER occ a one to four
so if you have a 4 plex and you live in one unit.. you can disregard the HUD rules.. although the state may have a rule that you must follow.
@Deborah Turner HUD rules are national but states have the right to be tougher and those trump HUD rules.. ( just went through this on my MOrtgage banker CE this week) LOL ... at least as it relates to mortgage discrimination and I think this all falls under the same category.. so if there is no state law you follow HUD if there is tougher state laws they will prevail.. Like rent control etc.
also you can just follow along with what the airlines do.
We just went through this in Los Angeles with helping youngest daughter get an apartment..
she has a service dog ( epilepsy) these dogs are trained and are needed by folks.. the manager knew that he could not deny ... but the owner calls me when I am on the road in Indy and starts to make all these excuses why she can't be there.. he knows the laws but starts to bring up other issues. he has the manager bring our check back to our daughter... ( they have given her the keys) and she is living in the unit albeit for 5 hours)... but they try to unwind it. I got on the phone with the crusty old owner.. 86 YO retired lawyer.. and just said Hey dude no way.. and its CA.. you don't want to accept the check fine... we will file a complaint with HUD... he threatened to call the police and have her arrested for trespassing... here she is she is balling on the phone.. it was a train wreck .. end of the day we held our ground she has the apartment and her legal service dog.
- Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes9y
Originally posted by @Michael Wagner:
Originally posted by @Mark Forest:
I have a strict no pet policy, but lately prospective tenants have been saying "but my dog is a service animal." Is there a legal definition in my state of Michigan of a service dog? I don't think I can even ask a prospective tenant if they have a disability. I need some legal guidance. Thank you.
From what I can tell....any dog can become a service dog. To do so, the owner needs simply to start calling their dog a "service dog".
I could say my dog is a robot or a pumpkin, but that doesn't make him one.
Service dog has a legal definition per the Americans with Disabilities Act, so if it doesn't meet that definition then they are misrepresenting information. I would deny based on that alone.
- Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes9y
At the bottom of my CL for rent ad, I ask "how many animals"? No surprises at the showing or at time of application submission. Pre-screen thoroughly to save time and headaches.
A lot of my folks have animals, but I knew going in what I was dealing with. Surprises suck.
- Altamonte Springs, FL · Member since 2017 · 12 posts · 3 votes9y
Interesting.... I was fairly sure that the states could have stricter laws but I don't like to take a chance I am correct. As to 1-4 units and larger units that had slipped my mind, I apologize.
- Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes9y
So I do have a right to ask for a written form from a doctor for a service animal, but if its for emotional support I am still confused on what I can do.
- Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes9y
Originally posted by @Deborah Turner:
Housing regulations fall under the Fair Housing Act which is federal law, it can not be over turned by a state.
Service dogs and emotional support dogs are two different animals. :) A service dog must be trained to do just one thing to improve the quality of life there are no registries and they do not have to wear vests. You may ask what the dog does for the person but not much more they should have a letter from a medical care professional.
An Emotional Support dog is not trained but rather is there to provide comfort to the owner, having a dog is known to help those with depression. There is no registry, they do have to have a letter from their medical care professional. There are online sites that are cranking these out every minute of the day. Unfortunately they are not the proper way but if they give the person a letter expressing that the person needs a Emotional Support dog you have to allow them.
A new designation is a Psychiatric Service Dog which also assist people with depression and PTSD they are also given the same right to residences as the first two.
However, a Therapy dog is not considered a service dog and you have no limitations as to whether or not you rent to them. These are dogs who go to hospitals and nursing facilities to visit the patients.
There catch 22 in this is that even if your insurance company indicates that you will not be covered for liability as a result of injury the insurance companies are not bound by FHA rules. I have consulted with HUD/FHA and you CAN NOT make a rule that anyone with dogs must have insurance. If you have tenants with the above noted designations you CAN NOT make them purchase insurance.
The safe way to think of these animals is as medical equipment, you can not require a tenant using oxygen to do anything because they have oxygen tanks. You can't ask a tenant with a support or service dog to do anything because the dog is on your premises.
I have been given different information from my local fair housing representative. You can question the source of a letter for an emotional support animal. It is reasonable for the landlord to request the letter comes directly from a local medical provider. They cannot just buy a letter on the internet. I request the name and address of the doctor and send them a form to complete. The form makes it clear that they can be held liable if they are misrepresenting the need for an ESA. It also forces the doctor to fill in the animal type and breed. If they are going to prescribe a pitbull, they need to put it in writing. The suggestion came to me from our fair housing representative.
Second point is on insurance. I agree you are going to have trouble forcing them to have insurance. Even if you do require tenant insurance, there is no way to guarantee they maintain it. They could drop it the week after they sent you proof they had it. That is why you have to check with your own insurance provider to make sure the breed is covered and you must have high liability limits. If your insurance provider doesn't allow the breed, you can be dropped or have claims denied. You can deny certain animals due to insurance rules if you can show the animal creates an unfair burden to the landlord. I cannot find it now, but there was a court case where a landlord blocked a dog breed based on it being a prohibited breed in his insurance. HUD clarified that forcing the landlord to lose insurance was undue burden on the landlord.
There is lots of grey area and states may have different interpretation or application of the standards.
- JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes9y
@Joe Splitrock is right about insurance. If your insurance exclude coverage for certain breeds, and you demonstrate that you cannot obtain comparable insurance in the marketplace, without the exclusion, for comparable rates, then you can deny those breeds even for persons with disabilities. BUT, do your homework before this becomes and issue, and get quotes from other companies. In addition, if part of your decision to place insurance is because of a good personal relationship with a particular agent, that is an important non-price consideration.
The disability letter is not limited to health care providers. It can also be from a social worker.
You cannot require a person with a disability-related animal to have renters insurance unless you require all tenants to have renters insurance.
I recommend having an Animal Addendum that applies to allow animals and your requirements regarding property preservation and non-disturbance of other tenants, along with consequences. One of the consequences of non-compliance should be an increased inspection schedule for some period of time afterwards, with stiff fees for continued non-compliance. At some point, the tenant who is gaming the system and non-compliant can be forced out on nonpayment, which is much more clean than trying to evict on behavior.
- 9yMindy JensenPro MemberBiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
@Mark Forest , here are the basic guidelines for requesting proof of need.
If it is an obvious need - like a seeing eye dog for a blind person, you cannot ask. Trust me, that blind person won't be using an untrained dog.
What you are most likely finding is "emotional support animals" and here is where you CAN ask for proof of need. You can't ask WHY they need it, but a true ESA is prescribed by a doctor. The tenant can't just decide they need one, it needs to be prescribed by them.
You absolutely have the right to ask for a proof of need, and I really love @Tyler Ansell 's idea of having the physician fill out your own form.
- Real Estate Agent · Grand Rapids, MI · Member since 2014 · 493 posts · 200 votes9y
Liz Keegan of the Fair Housing Center of West Michigan states that “the Fair Housing Act does not place any limits on what may be considered an assistance animal. They also do not have to be trained or otherwise certified.”
An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person’s disability. Assistance animals perform many disability-related functions, including but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support. For purposes of reasonable accommodation requests, neither the FHAct nor Section 504 requires an assistance animal to be individually trained or certified. While dogs are the most common type of assistance animal, other animals can also be assistance animals.
In all cases regarding persons with disabilities, landlords are required, under law, to make reasonable accommodations unless there is an undue financial burden. Keegan also stated that, for example, “if a housing provider would lose their current insurance and cannot secure comparable insurance (with evidence of seeking said insurance such as multiple quotes, etc.) because of the type of animal, then it would not be reasonable for the housing provider to allow the accommodation because it would be an undue burden on the provider. However, we recommend that the housing provider researches their own insurance policy as well as other options, and document their efforts so that they may be able to defend why the accommodation wasn’t reasonable for them if they were to be challenged.”
Also, according to HUD, breed, size, and weight limitations may not be applied to an assistance animal. …Conditions and restrictions that housing providers apply to pets may not be applied to assistance animals (such as pet deposits or fees). HUD issued new regulations concerning service animals in 2013.
The RPOA recommends that landlords follow the process outlined by HUD in their detailed "Statement on Reasonable Accommodation"
These steps should be followed to ensure that your rental process is in compliance. It’s important to keep in mind that a landlord can’t ask if a person is handicapped or disabled, but they can ask if the animal is needed due to a physical or mental disability.
- 9ySusan H.Pro MemberInvestor/Landlord · NWA, AR · Member since 2016 · 227 posts · 132 votes
Originally posted by @Account Closed:
Liz Keegan of the Fair Housing Center of West Michigan states that “the Fair Housing Act does not place any limits on what may be considered an assistance animal. They also do not have to be trained or otherwise certified.” ....
This is very helpful. May I have your permission to share the content of your post on my blog?
- Real Estate Agent · Grand Rapids, MI · Member since 2014 · 493 posts · 200 votes9y
Sure...if you give credit to our association--this article is one of many on our website.
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