Companion Dog....Charge a fee?

Question

I've got a potential tenant that has a companion dog (with a doctor's note), not a service dog.  Am I able to charge him a pet fee in MN?

I know that it isn't legal to charge for a service animal.  Thanks for your input.

David Moore · Answer

I actually found a resource on this. Emotional Service animals are not considered service dogs by the ADA. One exception is if the dog is specifically trained to alert the sufferer to an onset of anxiety....a highly trained dog. I take this to mean I don't have to take this tenant, or I can charge the pet fee or rent. Check references, even on Bigger Pockets. Well meaning posters often don't have all the details (myself included). Read the laws.

https://www.ada.gov/regs2010/service_animal_qa.htm...

David Moore · Answer

I have a no pet policy in our multi-unit buildings.  There is a good reason for it.  Making a reasonable accomodation for one tenant could trigger allergies for another tenant, and then you have a mess on your hands.  The courts blew this one, because  the pet rent would be the equalizer, and not the discriminator.  So what happens as an unintended consequence is the good tenant with a service animal gets bypassed for the rental unit because of the law, because the landlord can just pick another applicant.  Let your ads do the work for you.  No pets on your ad will take care of it.

That being said.  I have properties that are single family that I would LOVE to have a great tenant with a service animal, because some good tenants come with service animals, and they would not trigger the allergy of another tenant.

You still get to choose your tenants.  If your applicant has a great payment history, has stable income, and good rental history, I would take them, dog and all.

Dan Vleck · Answer

I allowed an ESA that was kennelled in the basement and not let out enough. When it was let out one day it bit a neighbor. After eviction for non-payment, I found the basement mess that needed bleaching of all walls. Still stained, but odor dissipated.

The neighbor luckily did not sue me for Dr. bills. Went after tenant.

Christopher James · Answer

Thanks Jennifer.  That's what I recall hearing someone but couldn't find my notes to validate.  I think the only think I can require is documentation for the ESA and move on.

Jennifer T. · Answer

When you're talking about a companion dog with a doctor's note, are you referring to an emotional support animal (ESA)?  If so, it's my understanding that for rental situations, an ESA is treated exactly the same as a service dog.  Neither an extra security deposit or extra rent can be charged and the potential tenant cannot be discriminated against because they have an ESA.

Contrary to popular belief, ESAs do NOT need to be allowed in public places like service dogs need to be.  But the few exceptions, where they need to be treated the same, are motel/hotel stays and rentals.  I think commercial airplanes might also be an exception, but am not 100% on that.

Mike Cumbie · Answer

If he is "Your best applicant" and "not opposed to having a dog" then I would not bother with a pet fee. At that point you are calling it a pet as opposed to a medical device. While things may go along just fine, four years from now you could get into an argument over carpet replacement and this gets thrown into court. Then the refund of all fees paid and three times damages (not sure if MN has that or not) and a federal fair housing complaint.

Just my 2 cents and good luck

Tim Swierczek · Answer

Hi @Christopher James  Is there a legal difference between a companion dog (with a doctor's note) and a service dog?  I just don't know.  Who is calling it a companion dog you or the prospective tenant?  I'm guessing there is not a distinction in the law in which case you could not charge a fee.  If there is you can.  You need to figure out that question, is there a distinction, and what makes a companion dog vs a service dog.

Deanna McCormick · Answer

IN MN you are not permitted to charge pet rent, pet fee's for service animal.

I'd keep advertising and see if you have other qualified applicants.

Check landlord tenant laws for MN  and other posts on BP regarding service animals.

MMHA is Minnesota multi housing association and is good source for landlords.

Thomas S. · Answer

Check fair housing codes and your state landlord tenant regulations.

Christopher James · Answer

He's probably the best qualified applicant.  I'm not against having a dog in this unit.  I'm just curious if I can charge a pet fee as opposed to nothing.

Companion Dog....Charge a fee?

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