Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes
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.
Investor · Tampa, FL · Member since 2015 · 293 posts · 175 votes
9y
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.
A service dog is a dog who has been specifically trained to perform tasks to help their one handler to mitigate their disability. That is the definition, plain and simple.
Things that are not defined as "tasks" are comfort, emotional support, commrodery etc. In these cases, the animal would be an ESA (and they do not require training but DO still have legal right to access a no pets rental).
You ARE allowed to ask your tenant if they have a disability. You are also allowed to ask them what tasks the dog performs to help them with that disability.
You are even allowed to ask for written confirmation from a physician stating that they do have a disability and that they require the service dog to help.
You CANNOT ask what the disability is or for any details about the disability. You cannot ask for proof or papers proving the dog has been trained, and there is no certification or registry.
Best thing to do is become very familiar with laws and policy around this and with the definition of a service dog and what you should expect from a service dog that grants them public access and access to no pet rentals - which is very specific behaviour due to extensive training. A service dog will NOT bark at you, run to you, react to other pets, or even really acknowledge you. If they behave outside of this, they are NOT a service dog. Service dogs only have these rights when they are under control of their handler. No service dog who has gone through and completed training for public access will behave this way. This is what separates them from other dogs.