Another question on FHA & service animal rules (with a twist)

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Another question on FHA & service animal rules (with a twist)

Anna Watkins
Investor · Atlanta, GA · Member since 2014 · 389 posts · 250 votes

I have a potential applicant with a big dog (a Husky) for a room in a student rental/shared house that I had intended to be a "no pets" rental. I'm told that the dog is a seizure service animal for the young man, who has epilepsy. Under FHA rules (as I understand them), the dog has to be allowed with no extra "pet rent" or deposit.

Here's the twist -- the house is owner-occupied by my college son, who is a co-owner along with me.  He does the management, I do the legal and financials.  In addition, another student who lives in the house has allergies, and may or may not have medical issues with living with a dog.

On the one hand, I know that a "real" service dog is going to be much better trained and behaved than a random pet, so I might be ok with it.  I'd like some documentation on the dog's training to be sure, and I'd also like to charge a little extra (5 guys + a Husky?? even in a big house, that's a lot).

Questions -- Are the legal responsibilities any different since the student with the dog would be a roommate of the owner (and protected class rules don't apply)?  Can I ask for proof of the dog's training (which is illegal in regular landlord/tenant situations with service animals)? Can we charge extra for the dog in this case?  If the dog would cause medical hardship to a current resident, whose rights get priority under the law?  In truth, the young man probably wouldn't press it if I said no, and both my son and the roommate with allergies like dogs (but roomie's parents pay his bills), but I want to be sure of the underlying legal stuff anyway.

~~~

And by the way (not pertinent to the current situation), what's up with "emotional support animals" getting a pass on the "no pets" rule, with no documentation, no proof, and no training required???  I understand the comfort of a companion animal, but if you're making the claim, you should have to have something to back it up!!  The girl in the dorm with the "emotional support cat" told all her friends it was bogus, but the college had no recourse.  Humbug.

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  • Eileen Murray
    Real Estate Agent · Niagara County NY · Member since 2017 · 121 posts · 77 votes
    8y

    I wouldn’t compromise the health of your current tenants to allow the dog. Seems like a valid reason to deny the application.  I’d ask the local Discrimination Board. 

    1Reply
  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    8y

    No matter what, don't accept them but charge more.  That is a recipe for disaster.

    This is unchartered territory for the most part, so you have to ask yourself whether you are willing to push the limits and potentially go to court to help set some rules, or work within the framework to find the most qualified tenant.

    Here is a good form to require for the next step:

    FORM TO REQUEST AN ASSISTANCE ANIMAL

    We are committed to granting reasonable accommodations when necessary to afford persons with disabilities the equal opportunity to use and enjoy our rental properties.

    Under the Fair Housing Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities. Reasonable accommodation may include waiving or varying pet polices and fees to allow an Assistance Animal. An Assistance Animal is an animal that does work or performs tasks for the benefit of a person with a disability, or provides emotional support or other assistance that alleviates one or more symptom or effects of a person’s disability.

    Please complete this form completely and return it to us. All information will be kept confidential, except as otherwise required by law.

    Today’s Date: _______________________

    Name of person with disability requesting accommodation: _____________________________

    What is the species of animal? __________________________

    Provide the name and physical description (size, color, weight, license) of the animal:

    _______________________________________________________________________________

    Does the animal perform work or do tasks because of the disability? _____________

    If Yes, please provide a statement from a health or social service professional indicating that you have a disability and explaining how the animal is able to do work or perform tasks that alleviate one or more symptoms or effects of your disability.

    If No, please provide a statement from a health or social service professional indicating that you have a disability and how the animal alleviates the symptoms or effects.

    Please attach statement with any additional information and contract information for the professional completing the statement.

    _______________________________________ _______________________

    Signature of Person Making Request Date

    _______________________________________ _______________________

    Signature of Person with Disability Date

    Podcast Guest on Show #79
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  • Anna Watkins
    OP
    Investor · Atlanta, GA · Member since 2014 · 389 posts · 250 votes
    8y

    Thank you @Eileen Murray and @Michele Fischer.  This is helpful, and I am definitely going to create a form from Michele's info.  I did talk to the current roommate's parents, who didn't object to a dog in general, but verified that a heavily shedding dog like a Husky would be very bad for their son's allergies.   In my research I found a clause that covers this situation -- The request may also be denied if: (1) the specific assistance animal in question poses a direct threat to the health or safety of others that cannot be reduced or eliminated by another reasonable accommodation,

    There's no way this dog can get to a private bedroom without going through shared spaces, so I think I'm on solid legal ground in telling the potential applicant "sorry."

    I do have another property with an 'emotional support animal' in residence, but it's a single family house where pets are allowed.   The only difference with that one is that I couldn't charge the standard deposit and extra per month.  The form will be helpful for future situations.

    I did hear this morning that airlines are cracking down on "emotional support animals" on flights!  Like every good thing, too many people have tried to game it and push too far (emotional support snake??). I'm sure federal policy clarifications are on the way.

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