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Updated almost 8 years ago on . Most recent reply

User Stats

386
Posts
250
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Anna Watkins
  • Investor
  • Atlanta, GA
250
Votes |
386
Posts

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

Anna Watkins
  • Investor
  • Atlanta, GA
Posted

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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