"Service Animals" Or are they really pets?
Investor · Charlotte, NC · Member since 2011 · 58 posts · 9 votes
"Service Animals" Or are they really pets?
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Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
8yService animals CANNOT be restricted. You CAN ask for legal documentation. You CANNOT ask about the nature of their disability.
BTW--one CANNOT charge a pet fee, more rent, or higher security deposit if the animal is a legal service animal.
25 Replies
- Investor · Boston, MA · Member since 2015 · 398 posts · 147 votes8y
I think they would have to show something from a doctor, but I wouldn't tell them what they need to provide I would just start eviction for pets. I believe that yes there has to be something regarding pets from the previous owner. They are just trying to slip something by you, be firm and start eviction today!
- Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes8y
Service animals CANNOT be restricted. You CAN ask for legal documentation. You CANNOT ask about the nature of their disability.
BTW--one CANNOT charge a pet fee, more rent, or higher security deposit if the animal is a legal service animal. - Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes8y
I have a no pet policy and I have been getting calls from prospective tenants demanding I accept their "service dog". I am convinced there is some pro tenant website out there coaching these people on how to get their pets into no pet homes. It's true you can't ask about the nature of their disability. However I tell them I want a letter from their doctor with his letterhead stating that this specific dog is a service animal. They all hang up at that point.
- 8yMindy JensenPro MemberBiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
@Robert Shoffner , while they may not appear to have a need for a service animal, you are not allowed to ask WHY they need it.
If it is a service or Emotional Support Animal, you are only allowed to request proof of prescription - a letter from the prescribing physician stating they did prescribe the animal for the tenant.
While you can't ask why they need the animal, I am not aware of any laws restricting you from requesting that any animals be restrained or otherwise controlled while you or your workmen are in the property. It seems a reasonable request.
John's right, you can't charge extra pet rent, as a support animal is not a pet. Just like you could not charge wheelchair rent for a wheelchair.
You CAN charge them for any damages above normal wear and tear. If the animal ripped a hole in the carpet, you can charge them for the replacement of the carpet, even though it's a service animal.
Start by requesting proof of prescription, and make sure you word it carefully. Do not ask why they need the animal.
- Investor · Charlotte, NC · Member since 2011 · 58 posts · 9 votes8y
Okay so I will ask for a prescription/letter from the tenant's physician for the need of a service animal.
Also, shouldn't there be some other sort of verification on the animal itself? For example, a letter from the veterinarian or some other legit body? Not that anyone would just pick any animal for the prestigious position (think Chiuaua or Persian cat), but it could happen.
- Real Estate Investor · Fenton, MI · Member since 2008 · 946 posts · 153 votes8y
In a recent real estate class the instructor said a doctor signed off on a pony as a service animal. The poor landlord had to allow this beast into his apartment building!
- Contractor · Fort Worth, TX · Member since 2015 · 379 posts · 740 votes8y
There's a lot of fogginess around this issue, and I'm not sure I have it all correct, but I have based my policies on info on the National Service Animal Registry (which is actually a pro-tenant website - I figure they're going to be the most extreme interpretation of things).
Some important points here:
- National Fair Housing laws that require acceptance of service animals don't apply to single family homes rented without a real estate broker, which would be all of mine. Your local laws may differ, however.
- True Service Animals are highly trained and skilled animals, always dogs. They will have supporting paperwork.
- Emotional Support Animals is where the typical abuse lies - there are websites that will print you certificates for that in minutes. However, you are allowed to either ask for a letter from a doctor or, better, require that the doctor complete your form certifying the need for the ESA. Also note that this must be a qualified mental health professional, not a general physician.
That's all national laws, and many cities or states may have even more restrictive rules. The professional-tenant types will be aware of all these laws and loopholes, so you should, too.
- Member since 2016 · 13k+ posts · 12k+ votes8y
You have not stated what your issue is with the tenant. Does the lease state a "NO PET POLICY" or are you simply prying into the tenants claim that it is a service animal.
Service, emotional support...entirely different. The service animal con tenants attempt to play is mush easier to debunk than the emotional support animal although the emotional support is easier to get rid of.
Both are usually a con to allow tenants to have pets and can be debunked.
If you have a issue simply do not renew the tenants lease when it is up rather than open a can of worms over legality of pet classification. Don't ask, don't tell is always the safest approach. This will avoid you having to deal with all Fair housing issues.
- Bedford, NH · Member since 2012 · 2k+ posts · 1k+ votes8y
The safest thing for landlords to do is to think of a service animal as not being an animal at all. It is a piece of medical equipment.
So ask yourself the question: Would I require a tenant to explain why exactly he is in a wheelchair?
If you don't think you can get away with that, don't ask why he has a service animal.
- Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes8y
Again, it is important that a landlord understand the difference between a "service" animal (which, has been stated, has been TRAINED to do a specific task) and an "emotional support animal" (which provides only supposed comfort to someone).
Tenants who attempt to "slip" pets into these categories tend to get these two mixed up. Sometimes they'll even toss in that these are "therapy" dogs; again, something very different (one of my greyhounds was certified as a therapy dog; I took her to nursing homes; while I loved that dog very much her job as a therapy dog was to provide happiness to OTHERS while on these trips).
Mindy covered the difference between the two and what you can require your tenant to provide to confirm their status very well. And it's not just any medical professional that can provide the supporting documentation that a person needs an ESA.
Gail
- Property Manager · Stockton, CA · Member since 2017 · 2 posts · 0 votes8y
The definition of "service" animal is very, very vague. I once had someone try to convince me the pitbull in his car was a "service" animal. What I have done is to raise my pet deposit to $1000.00 per animal and that drops the facade. Best wishes.
- Investor · TX · Member since 2015 · 393 posts · 290 votes8y
Originally posted by @John Thedford:
Service animals CANNOT be restricted. You CAN ask for legal documentation. You CANNOT ask about the nature of their disability.
BTW--one CANNOT charge a pet fee, more rent, or higher security deposit if the animal is a legal service animal.Service dogs are not the same as "therapy animals". Therapy animals are mostly a scam.
- Accountant · Lihue, HI · Member since 2016 · 52 posts · 24 votes8y
Originally posted by @Mark Forest:
In a recent real estate class the instructor said a doctor signed off on a pony as a service animal. The poor landlord had to allow this beast into his apartment building!
Omg.. someone needs to make a Real Estate: Landlord Horror Story TV show right about now.
- Lender · Springfield, MO · Member since 2015 · 379 posts · 180 votes8y
@John Thedford is exactly right. Tread very carefully. I'll provide some perspective... I have an acquaintance who is a literal war hero from 2005-2006, but carries some very heavy burdens from the war that his service dog help him with. He has a service animal that goes with him EVERYWHERE. Unless you knew about his backstory (for which he does not talk about very frequently) you wouldn't know that he had any disability. So he would also not fit your "blind, physically crippled, or in any other way in true 'need' of service animals" but he most assuredly needs his service animal and receives great benefit from it.
Perspective 1: Don't assume. It can be super offensive, and illegal.
This acquaintance also knows the laws about his service animal VERY well. The laws are pretty cut and dry and hold up in court.
Perspective 2: If this service animal is legitimate, and the tenant feels discriminated against, don't give them anything to give credence to that claim. For example: doing a google search of my landlord and finding a bigger pockets post about not wanting to rent to them because they are not "crippled"
I hear you loud and clear, and can empathize. Honestly I am sure there are tons of people that take advantage of the "service animal" title, which is really cruddy for people who really need it. I just wanted to give the other side of the coin.
- Oakland, CA · Member since 2017 · 133 posts · 58 votes8yDon't question the service animal, just accept it. If you say anything wrong and have done something improper accidentally about the service animal, you could be sued/fined for $50,000.00 by fair housing law. You can send a 30-days move out notice to the tenants for any reason that is not related to the service animal. you cannot kick the tenant out because of the service animal. Else, you may a big fine by the fair housing law. Google fair housing law yourself, and you will find more answer.
- Real Estate Agent · Cranston, RI · Member since 2016 · 51 posts · 49 votes8y
A request for an assistance animal is a simply a reasonable accommodation request - like having door widths widened or a wheel chair ramp installed. Reasonable accommodations are intended for people with a disability. A person with a disability has a physical or mental impairment that substantially limits one or more major life activities (for example, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working). A disability needs to be established and approving the request will afford them with an equal opportunity to use and enjoy the unit or the property.
With all reasonable accommodations, I have the tenant submit a formal request (in writing) of exactly what they are requesting. This eliminates any uncertainty as to what's being requested. If the disability is not obvious, then the disability must be verified - NOT disclosed what the disability is. They can verify the disability by providing proof of receipt of disability benefits (Supplemental Security Income, Social Security Disability Insurance, Veterans disability benefits, etc.) or by submitting information of a third party verification that can verify (usually a medical professional) they have a disability.
I have them bring a form to their third party verification or fax it over. On the form is describes the definition of a disabled person based on the Fair Housing Act. It asks if the tenant/applicant meets the definition, doesn't meet it, or they don't know. If the tenant does meet it, it asks if the reasonable accommodation request is necessary and directly related to the described disability - yes no don't know. If yes, they must describe why it's directly related and necessary to afford equal opportunity to the use the unit/property/common area. Failure to fill that section out may be grounds for denial of the reasonable accommodation request.
After received, I'll call to verify the form was in fact completed by the third party verification. After reviewing, I'll send something in writing approving it or denying it. If denying it, I always try to recommend other alternative solutions. I keep all my reasonable accommodation requests, verification, and decisions to provide documentation of previous decision in the event of a challenge. For assistance animals, it's more or less a guaranteed approval.
As previously stated, assistance animals are NOT pets, therefore they are not governed by any pet policy. They cannot be restricted by breed, weight limit, type of animal (dog, cat, pony, pig, etc.) and are not subject to a pet fee, pet deposit, or additional pet rent as they are NOT pets. They can be cause damage, which can be charged beyond reasonable wear and tear.
- Durant, OK · Member since 2017 · 40 posts · 4 votes8y
Originally posted by @Michael Hayworth:
There's a lot of fogginess around this issue, and I'm not sure I have it all correct, but I have based my policies on info on the National Service Animal Registry (which is actually a pro-tenant website - I figure they're going to be the most extreme interpretation of things).
Some important points here:
- National Fair Housing laws that require acceptance of service animals don't apply to single family homes rented without a real estate broker, which would be all of mine. Your local laws may differ, however.
- True Service Animals are highly trained and skilled animals, always dogs. They will have supporting paperwork.
- Emotional Support Animals is where the typical abuse lies - there are websites that will print you certificates for that in minutes. However, you are allowed to either ask for a letter from a doctor or, better, require that the doctor complete your form certifying the need for the ESA. Also note that this must be a qualified mental health professional, not a general physician.
That's all national laws, and many cities or states may have even more restrictive rules. The professional-tenant types will be aware of all these laws and loopholes, so you should, too.
Reading the page you linked, it says, "Single family housing sold or rented without a real estate broker" are not required to make accommodations for service animals. Does this mean if I were to at some point become a broker or a realtor under another broker, I would automatically have to begin making these accommodations (allowing service animals) in my rentals?
- Earlville, IL · Member since 2017 · 1 post · 0 votes8y
Service dogs and landlords ,what I understand of the ada that made the laws governing a service animal they can only ask two questions what's a person's disability and what was it trained to perform,and first there's no registration required on the federal law but some states have made laws requiring a service animal to be certified most don't and the federal laws states due to so many are poor that self taught is legal yet they are required to log in on notes of the daily task of training and it also states they must be housebroken and not to be aggressive.other words under control and they can not refuse housing or restrict places but some states have and you have do your own homework or be liable Illinois where I was born and live protect owners of also and do not require a certificate of a professionally trained animal to be considered a service dog . So here they have no right to refuse perhaps documentation for shots and licenses as a typical dog and they anyone are allowed the two questions what ur disability and what does ur dogs task only and as other requirements like log book on self teaching or proffesoinally certified only during a lawsuit against such person a dog then again each state or city could be different and lastly theres another type of service dog but it's called a emotional support laws differ on them not allowed everywhere yet protected in seeking housing w owner
- Rental Property Investor · Golden, CO · Member since 2017 · 25 posts · 24 votes8y
@Jason Boulay's post is great. Some of the other posts having varying degrees of misinformation so tread carefully!
The Americans with Disabilities Act applies to places of public accommodation. This means it does not apply to the living quarters within the vast majority of rental properties discussed in the BP forums. The ADA uses the words "service animal" and such animals include only dogs and to some extent miniature horses. Under the ADA, a "service animal" does not include an animal that provides only emotional support. But again, this is immaterial to most requests for a support animal because of the ADA's limited applicability in housing.The Fair Housing Act has much broader applicability to rental units. If you're renting only a few single family houses, check the exceptions as it might not apply. To avoid confusion when discussing the FHA on this topic, it is common to use the words "assistance animal" and not "service animal" as the definitions are quite different. For example, the FHA includes emotional support animals within its definition and it is not limited to dogs and miniature horses.
There are other federal and state laws that may apply as well, but the FHA probably isn't a bad place to start. I don't want to go into further detail because I don't want to provide legal advice or get something wrong, or even worse, both!
To learn more about "service animal" vs "assistance animal" I like this law firm's short blog post https://fairhousing.foxrothschild.com/2017/07/arti...
Here is a post by this same firm on FHA exemptions https://fairhousing.foxrothschild.com/2011/01/arti...
This HUD memo discusses ADA vs FHA a bit and discusses landlord rights under FHA, to the extent they're the same as Section 504 https://www.hud.gov/sites/documents/SERVANIMALS_NT...
- Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes8y
Seems to me there being at least 2 animals "He contacted me about this and asked what time he needed to make sure his "service animals" were restrained" indicates these are not "service animals" but ESA's.
Never dealt with this issue yet, but I'd like to see someone want an ESA horse in my 4th floor walkup!
- Bedford, NH · Member since 2012 · 2k+ posts · 1k+ votes8y
Originally posted by @Doug Hancock:
The definition of "service" animal is very, very vague. I once had someone try to convince me the pitbull in his car was a "service" animal. What I have done is to raise my pet deposit to $1000.00 per animal and that drops the facade. Best wishes.
A property manager should know better. You are going to end up putting your clients in a very bad place.
- 8yMike CumbieBusiness MemberREALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
Well at this point it sounds like you allow pets, so I don't really see a difference here. You put in a letter to restrain their pets, so that tells me you allow pets. If you are allowing pets requiring a "ESA certificate" or prescription is just extra paperwork to track.
Just my 2 cents
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