Can you take a pet deposit for service dog?

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Can you take a pet deposit for service dog?

Jack Ni
Lonoke, AR · Member since 2017 · 43 posts · 16 votes

Hi, I got a potential tenant that has a service dog. I check tenant Facebook page, her dog is a pit bull. Is it legal in all 50 states to take a pet deposit for a service dog? I usually only take $50 for pet deposit (no refundable) First time dealing with this, I will ask tenant to give me proof of documentation for the service dog (making sure she is not playing the service dog trick to avoid the pet deposit)

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Ned CareyPro Member
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Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
7y

@Jack Ni ABSOLUTELY NOT,  a service dog is not a pet.

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  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    7y

    @Jack Ni ABSOLUTELY NOT,  a service dog is not a pet.

    13Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    You cannot charge a fee, deposit, or rent for a service animal. They are considered equal to a medical device like a wheelchair or crutches.

    That said, you should educate yourself. The majority of service animals are scammers trying to circumvent your pet policy. There are ways to get rid of most of them.

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  • Steve Vaughan
    Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    7y

    Check the application against all of your other screening criteria before entering the murky waters of a service animal.  May be a moot point if they are not qualified for other reasons.

    Have an animal policy, not a pet one.  Ask how many animals people have vs if they have a pet. Limits surprises.

    4Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    7y

    No fees allowed however you can find a more qualified applicant and reject this one. I would guess that there is a very high probability it is a scam since it is a pit bull.

    Better check with your insurance company if you intend to take the risk with this applicant since they may cancel your insurance.

    You best option, rather that take a risk, is to find a better applicant and not mention anything about the dog. 

    3Reply
  • Joe Arida
    Rental Property Investor · Fitchburg, WI · Member since 2016 · 91 posts · 60 votes
    7y

    I smell BS! This tenant seems to have no idea what she's talking about. A service dog has been trained since it was a puppy to be a working dog. These dogs are immaculately trained and certified to handle nearly all situations and obey commands religiously. Put bulls are almost never service dogs. There are different dog breeds that are preferred for different issues. Therapy, physical assistance, and diabetes dogs are generally Labradors. A service dog is much, much different than an emotional support animal.

    Tenantresourcecenter: "Landlords can only deny the service animal or emotional support animal if:

    • the tenant is not disabled or does not have a disability-related need
    • the tenant fails to provide requested documentation allowed by this law
    • there is undue financial or administrative burden or would fundamentally change the services provided
    • the specific animal “poses a direct threat to a person's health or safety” that cannot be reduced or eliminated by another accommodation
    • the specific animal would cause substantial physical damage to the property that can’t be reduced or eliminated by another accommodation. Wis. Stat. 106.50(2r)(bg)4.d., Wis. Stat. 106.50(2r), 2017 Wis. Act 317, Sec. 30"

    Wis Stat: 2. "If an individual keeps or is seeking to keep an animal that is individually trained to do work or perform tasks in housing, an owner, lessor, lessor's agent, owner's agent, or representative of a condominium association may request that the individual submit to the owner, lessor, agent, or representative reliable documentation that the individual has a disability and reliable documentation of the disability-related need for the animal, unless the disability is readily apparent or known. If the disability is readily apparent or known but the disability-related need for the animal is not, the individual may be requested to submit reliable documentation of the disability-related need for the animal."

    Obviously those are Wisconsin laws, check your Arkansas statutes before taking any action. If you deny for any of those reasons be prepared to back up your case in court. 

    On a side note: get rid of the pet deposit and charge $40 or $50 per month in pet rent for dogs. It doesn't get returned when they leave, and that will go a lot further than a measly $50 deposit. $50 won't even barely cover a scratched up door from an excited dog as it's parent gets home.

    6Reply
  • Carolyn Fuller
    Cambridge, MA · Member since 2015 · 651 posts · 736 votes
    7y

    I was told by a Massachusetts tenant/landlord lawyer that we could require a pet security deposit for service animals. 

    1Reply
  • Scott Schultz
    Rental Property Investor · West Bend, WI · Member since 2015 · 931 posts · 598 votes
    7y

    In WI You can require the tenant provide proper paper work from a Wisconsin Licensed Professional to evaluate the need, this is a new change, you do not have to just take their word for it or some quack on line guy in Kalifornia. 

    2Reply
  • Sam Shueh
    Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    7y

    Sure, Yes.

    1Reply
  • Filipe Pereira
    Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @Carolyn Fuller:

    I was told by a Massachusetts tenant/landlord lawyer that we could require a pet security deposit for service animals. 

    Really? Mind sharing who that lawyer is? I want to make sure we never use them, LOL. 

    No way that is legally correct...

    8Reply
  • Carolyn Fuller
    Cambridge, MA · Member since 2015 · 651 posts · 736 votes
    7y

    @Filipe Pereira She made it clear, it had to be the same deposit required of all pet owners but moot point for us because we now require a security deposit from everyone.

    1Reply
  • Jason D.
    Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
    7y
    @Carolyn Fuller federal fair housing law prohibits a deposit or fee for a service or emotional support animal. I would get another lawyer
    5Reply
  • Casandra M.
    Rental Property Investor · Janesville, WI · Member since 2016 · 87 posts · 42 votes
    7y

    Wisconsin Legal Blank site has a great landlord handbook that is up to date with current laws you should be aware of, and gives specific examples of court decisions on what night seem like grey areas. Never assume something is the same on all 50 states. Wisconsin just passed updated laws on service pets and rentals...there are some great sites you can use via googling that outline exactly what the updates are.

    2Reply
  • Calvin OzanickBusiness Member
    Property Manager · Janesville, WI · Member since 2017 · 708 posts · 297 votes
    7y

    I just went through this with one of our tenants. Unfortunately, it is illegal to collect any extra money because of a service animal here in our area. Service animals are not considered pets in Wisconsin, but rather necessities. We found that it is much easier to avoid charging for service pets. However, as a landlord here, we are able to request all documentation for the animal in question. Also, we can deny or charge extra for the animal if they do not have a disability that requires emotional support animals, or service animals. I hope this helps!

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  • Doug Pintarch
    Rental Property Investor · Harrisburg, PA · Member since 2018 · 369 posts · 406 votes
    7y

    @Jack Ni, not meaning to hijack here, but I have a related question to yours. My partner handles all of our bookings for our STVR, our longest term this past year was 3 weeks for a long vacation, most are 1 week, many are 2 and 3 day weekends. We do charge an extra fee for a pet (We are "Small dog friendly" for the folks that take Fido on vacation). Is this legal in our situation for a service dog? I honestly don't remember us speaking about it in any of our meetings about it at all, even when he set us all up on VRBO initially. I'm thinking this debate is about yearly leases for apartments and SFH's, but I thought I'd clarify.

    1Reply
  • Alvin Sylvain
    Los Angeles · Member since 2018 · 466 posts · 471 votes
    7y
    @Jack Ni There is a legal distinction between a SERVICE animal and an EMOTIONAL SUPPORT animal. The former is fully trained and certified, and the latter is (largely) a BS scam to get out of paying extra fees for pets. Make sure you KNOW which one you're dealing with.
    0Reply
  • Scott Schultz
    Rental Property Investor · West Bend, WI · Member since 2015 · 931 posts · 598 votes
    7y

    A service or support animal with proper documentation is according to the ADA the same as a wheel chair or walker it is looked at as an assistive device, NOT an animal. so no you cannot charge a fee, but in WI you can ask for proper documentation. There are exceptions though, very few, for example, my family has a Zoo and we can restrict the animals from entering the zoo, because it would put our animals as well as theirs at high stress risk. but for the most part, you cannot restrict or charge extra for a legit service animal

    1Reply
  • Clinton Fisher
    Member since 2018 · 41 posts · 23 votes
    7y
    @Joe Arida I agree! With a pit bull the tenant is probably all bull. I have donated dogs for service animals and they always turn down fat headed dogs even if they are the best candidates, because of peoples negative perceptions.
    1Reply
  • Carolyn Fuller
    Cambridge, MA · Member since 2015 · 651 posts · 736 votes
    7y

    Yikes! The legal system is soooo complicated! 

    I think we have avoided this issue for now because we are charging a security deposit for all human renters, regardless of whether they have a pet. 

    But we have an in-law apartment on the first floor of our home. We already have a cat and don't allow our tenants to have pets. We don't charge a security deposit for this apartment because we aren't so concerned about the apartment being damaged but we are concerned that a dog might damage our cat so we'd prefer to avoid that scenario all together. I guess we have to trust that a service animal would not go after our cat...

    1Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y
    Originally posted by @Carolyn Fuller:

    @Filipe Pereira She made it clear, it had to be the same deposit required of all pet owners but moot point for us because we now require a security deposit from everyone.

     I can tell you with 100% certainty that the lawyer that told you that is 100% wrong.  I also doubt that will pay the immense fines you would receive for violations of the Fair Housing Act.  Massachusetts takes that more serious than any other state.  Ive seen people fined in MA in the realm of up to $75k for violating Fair Housing. Federally the first violation is $16k, $37,500 for a 2nd offense and $65k for a 3rd offense.

    Be warned, just because someone has a law degree, doesnt mean they know the law. I doubt that lawyer would be paying your fines for violating FHA.

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  • Carolyn Fuller
    Cambridge, MA · Member since 2015 · 651 posts · 736 votes
    7y

    @Alvin Sylvain I have a close friend who has a dog for EMOTIONAL SUPPORT. I really disagree that they are a BS scam. It is true that someone could probably get by better without their emotional support animal than someone trying to get by without their service animal but I, for one, am glad that the ADA encompasses emotional support animals. 

    2Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y
    Originally posted by @Doug Pintarch:

    @Jack Ni, not meaning to hijack here, but I have a related question to yours. My partner handles all of our bookings for our STVR, our longest term this past year was 3 weeks for a long vacation, most are 1 week, many are 2 and 3 day weekends. We do charge an extra fee for a pet (We are "Small dog friendly" for the folks that take Fido on vacation). Is this legal in our situation for a service dog? I honestly don't remember us speaking about it in any of our meetings about it at all, even when he set us all up on VRBO initially. I'm thinking this debate is about yearly leases for apartments and SFH's, but I thought I'd clarify.

    As a short term rental....the ADA would be the applicable law and not necessarily Fair Housing. But it is the same deal...a hotel (Which as a STR is how the law will view you), or a restraunt, or a place of business etc. can not charge for a fee to accommodate a service animal.

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  • Carolyn Fuller
    Cambridge, MA · Member since 2015 · 651 posts · 736 votes
    7y

    @Doug Pintarch The ADA covers a lot of things in our world. I'd be stunned if it did not cover STRs. This does not mean we can't advertise our STR as not allowing pets. It just means we need to deal with the relatively rare occurrence of someone requesting a booking and telling us they have a service animal or support animal and gently pointing us toward the ADA rules. It behoves us to either breath deep and allow the booking or to check with a reputable lawyer before declining the booking.

    1Reply
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    7y

    @Steve Vaughan@Russell Brazil@Ned Carey  Hey guys west coast east coast.

    When I was in timber in the 90s I lived in the Napa valley ( good one huh ya it was great).. and i commuted to Portlandia were my office was every Monday and flew home on Thursdays..  well guide dogs for the blind was located in San Rafeal and they had there training facilities in Portlandia..  and i like row number 1.  I always fly first class. as most of the time its a free upgrade for my status regardless I am always in row one. Next to me at least once a month was the director of guide dogs for the blind and she was blind .. and her service dog was there. I never once saw a pitt bull it was always golden labs.. shepherds or golden retrievers..  I think Pitt bulls are great for personal protection. But they are not service dogs from what i have seen.  

    And regardless of status we all know that insurance wont cover them.. along with most G shepards. I know i had one for 10 years but i was not a renter.   Renters who insist on owning Pitt bulls to me are just setting themselves up for poor accommodations most of the time.

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  • Russell BrazilBusiness Member
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    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    7y
    Originally posted by @Jay Hinrichs:

    @Steve Vaughan@Russell Brazil@Ned Carey  Hey guys west coast east coast.

    When I was in timber in the 90s I lived in the Napa valley ( good one huh ya it was great).. and i commuted to Portlandia were my office was every Monday and flew home on Thursdays..  well guide dogs for the blind was located in San Rafeal and they had there training facilities in Portlandia..  and i like row number 1.  I always fly first class. as most of the time its a free upgrade for my status regardless I am always in row one. Next to me at least once a month was the director of guide dogs for the blind and she was blind .. and her service dog was there. I never once saw a pitt bull it was always golden labs.. shepherds or golden retrievers..  I think Pitt bulls are great for personal protection. But they are not service dogs from what i have seen.  

    And regardless of status we all know that insurance wont cover them.. along with most G shepards. I know i had one for 10 years but i was not a renter.   Renters who insist on owning Pitt bulls to me are just setting themselves up for poor accommodations most of the time.

     Ive actually seen  service dogs that were pitbulls. It usually comes up here because the next county over pitbulls are illegal.  So every now and then that county seizes a pitbull service dog, and federal law on the issue trumps county law, and the county always gets into trouble over it.  I bet every other year or so that same story hits the news, and then we hear about it in a fair housing notice from the real estate commission.

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  • Doug Pintarch
    Rental Property Investor · Harrisburg, PA · Member since 2018 · 369 posts · 406 votes
    7y

    @Russell Brazil and @Carolyn Fuller,

    Thank you both for the reply. We do accommodate dogs, and charge everyone the same stated fee for their time in the unit. We have it labeled as a pet fee with the VRBO listing.

    I know checking with our attorney will be the final word, thank you for indulging me: We CANNOT charge the pet fee if they tell us it is a service dog then, correct?

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