Dayton, OH · Member since 2016 · 28 posts · 4 votes
Can someone help with the meanings on these three terms? What can you not discriminate towards? Tenants and prospective tenants throw these terms around and it gets quite confusing on what exactly we should and can say. Thank you in advance for any insight you can provide.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
7y
Three animal categories:
Pets
Service Animals
Assistance Animals (ESAs and the like).
Pets - No disability requirement. No restriction on the type of animal. No requirement for training.
Service Animals - Disability requirement. Restricted to dogs. (There is now a separate provision for miniature horses.) The dog must be trained to perform a specific service. Training can be done by a professional organization, professional animal trainer, by the owner of the animal, or by someone else. Common terms for these animals: Guide Dog or Seeing Eye Dog, Hearing Dog or Signal Dog, Psychiatric Service Dog, Seizure Response Dog, SSigDog (Sensory Signal Dog or Social Signal Dog). Most dogs in this category do have formal training and documentation, but proof of this is not required. Federal Law: Americans with Disabilities Act, enforced by the U.S. Department of Justice (DOJ), covers places of public accommodation. See: https://www.ada.gov/service_animals_2010.htm
Assistance Animals - Disability requirement. No restriction on the type of animal. Animal does not require training. The provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks, so these animals are not considered service animals. Common terms for these animals: Emotional Support Animal (ESA), Comfort Animal, Companion Animal, Therapy Animal. Tenants are entitled to the full use and enjoyment of their housing, which includes having guests visit, so this covers the assistance animals of guests too. Federal Law: Fair Housing Act, enforced by the U.S. Department of Housing and Urban Development (HUD), covers places of private accommodation related to housing.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
7y
Three animal categories:
Pets
Service Animals
Assistance Animals (ESAs and the like).
Pets - No disability requirement. No restriction on the type of animal. No requirement for training.
Service Animals - Disability requirement. Restricted to dogs. (There is now a separate provision for miniature horses.) The dog must be trained to perform a specific service. Training can be done by a professional organization, professional animal trainer, by the owner of the animal, or by someone else. Common terms for these animals: Guide Dog or Seeing Eye Dog, Hearing Dog or Signal Dog, Psychiatric Service Dog, Seizure Response Dog, SSigDog (Sensory Signal Dog or Social Signal Dog). Most dogs in this category do have formal training and documentation, but proof of this is not required. Federal Law: Americans with Disabilities Act, enforced by the U.S. Department of Justice (DOJ), covers places of public accommodation. See: https://www.ada.gov/service_animals_2010.htm
Assistance Animals - Disability requirement. No restriction on the type of animal. Animal does not require training. The provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks, so these animals are not considered service animals. Common terms for these animals: Emotional Support Animal (ESA), Comfort Animal, Companion Animal, Therapy Animal. Tenants are entitled to the full use and enjoyment of their housing, which includes having guests visit, so this covers the assistance animals of guests too. Federal Law: Fair Housing Act, enforced by the U.S. Department of Housing and Urban Development (HUD), covers places of private accommodation related to housing.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
7y
@Justin Wallman There are many posts about service animals and assistance animals in the Landlord forums. If you use the search feature of the BP website, you can find great discussions on this topic.
Follow this link to an interesting discussion from just this week!
Dayton, OH · Member since 2016 · 28 posts · 4 votes
7y
Marcia,
Thank you for the additional information. The description is nice, however, which animals are you not allowed to discriminate against. I always practiced that you can not deny a tenant's pet if that said pet was a certified "service animal". Is this not the case?
Thank you for the additional information. The description is nice, however, which animals are you not allowed to discriminate against. I always practiced that you can not deny a tenant's pet if that said pet was a certified "service animal". Is this not the case?
Pets -- Of course, it is perfectly fine to not allow pets. Pets, strictly meaning an animal that does not serve a disability (emotional or physical).
Emotional Support Animal (ESA) -- I always think this is an interesting one because people assume ESAs are allowed anywhere. That is not true at all. Most businesses do not have to allow an ESA into their establishment. HOWEVER, there are a few exceptions. And housing/lodging is one of them. Hotels/motels cannot turn away an ESA. And neither can LLs and PMs. Unless you are talking about an owner-occupied dwelling with 4 units or less, you cannot discriminate against a tenant with an ESA and you must allow that animal. As long as it doesn't cause you an undue hardship, like your insurance will drop you or raise your rates. You cannot charge extra rent or an extra deposit for an ESA; however, the tenant is responsible for whatever damage that animal causes.
Service Dog (or miniature horse) -- These are animals that help with some kind of physical disability. And it might not necessarily be an obvious physical disability. These animals are a higher standard and must be allowed anywhere, at any business. For LLs, same rules apply as for the ESAs.