Can a tenant house a family members service dog?

Question

The app kept crashing while i was trying to post so i wasn’t sure it was posting 🤦🏻♀️ Sorry for the duplicates!

Nathan Gesner · Answer

Here are a couple things to consider:

1. The law only covers service animals when they are performing a service. This animal is not performing a service because the person it is assigned to doesn't reside in the home. A perfect example would be a search-and-rescue animals because they do not count as service animals EXCEPT when they are actively performing search-and-rescue operations.

2. The service animal belongs to the grandson, not the grandmother. This is clear proof that he's fraudulently claiming a disability or the need for a service animal.

3. We have to allow service animals to reside in a no-pet property but that doesn't mean the service animal gets to visit any property they want. If the individual can go to work without their service animal, surely they can visit grandma without it.

Notify the grandmother she is in violation of the no-pet policy. She must remove the animal within 24 hours and submit to an inspection of the home for verification. Further violations will result in eviction.

Peter M. · Answer

I understand the Fair Housing arguments but the disabled person and the dog were not on the lease. There should be provisions in the lease for not allowing people or animals to say longer than a certain number of days. To me, your tenant broke the lease. You never discriminated against a disabled person because a disabled person never applied to live there. The tenant defaulted so you can pursue whatever remedy is prescribed in your lease agreement.

Corby Goade · Answer

I'll have to rescind some of my comments after reading @Matt Shields comments. Because the service animal is not actually living with the person who it is intended for, I was making my comments under the assumption this was more likely a "emotional support animal." For registered and legitimate service animals, Matt is 100% correct.

Matt Shields · Answer

I would have to disagree. HUD has guidelines for service animals for people with disabilities under the Fair Housing Act. If HUD finds reasonable cause to believe that discrimination occurred you will be brought into an administrative hearing where HUD attorneys will litigate the case against you, or the Attorney General will file a suit and litigate it against you in Federal Court. If guilty, you will be ordered to pay damages, and the maximum first offense penalty is $16,000 plus attorney's fees and court costs. In addition, the person with a disability can also file suit against you. Disabilities now make up about half of the fair housing complaints. Be sure to check out the link below. The government issues financial beatings to landlords they find violating fair housing laws.

https://www.hud.gov/sites/documents/SERVANIMALS_NT...

Corby Goade · Answer

There's really not any concrete federal guidelines for service animals. That can work in your favor and work against you. If you evict and are sued, you are at the mercy of the judge who hears your case and their interpretation of other judgement and precedents that have been set. If I were in your shoes, I'd probably have a frank and friendly with the tenant and talk a big, threat free game, but point out that her lease does not allow for animals and that she did not disclose the animal to you. Hopefully that is enough. Good luck!

Scott Weaner · Answer

Assuming that the grandson is not living with the dog then I would think that you can demand that the dog go and...

...obviously, the grandson doesn't need a service dog!

Matt Shields · Answer

Be very careful of service animals and fair housing law, the fines are harsh. But do I understand that the disabled person lives in a different state than where the animal is housed? Generally, you cannot prohibit service animals, but in this case, it doesn't sound like the dog is actively working. It's the disabled person who is protected by law, not the dog, and the disabled person doesn't live there. An eviction would depend on local law and what the lease says. I could be wrong or just lying to you, so be sure to talk with a local real estate professional before you do anything.

https://www.hud.gov/sites/documents/SERVANIMALS_NTCFHEO2013-01.PDF

Matt Shields · Answer

It is unfortunate how the service animal laws are being abused, especially with emotional support animals. I was at a fair housing meeting the other day and an attorney explained that landlords can ask for a letter from the tenant's doctor that supports the use of the animal. Some websites sell "certification" for support animals not issued by a doctor, BUT there are now websites with actual doctors selling service animal prescriptions, and legally we must accept them. He said an argument could be made that an out of state doctor is not valid, but we should not deny the animal unless we wanted to be a test case.

The attorney explained how he is seeing an explosion of service animals at his client's properties, except for one large community that allows all pets and doesn't charge any pet fees or deposits, they haven't had one service animal request. Hmmm think there is fraud going on? These laws need to be reeled in. As always, speak with your attorney before you do anything.

https://youtu.be/bz8bqJaKeKk

Can a tenant house a family members service dog?

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