Service Pets - can I deny them?

Question

Hi everyone,

Could anyone here share your knowledge about service pets? We have no pet policy in our renal advertisement and I got several applications with service dogs. One applicant has two service dogs, one 60 lbs and other one is 80 lbs. Their qualifications look good. My own research shows that Landload could NOT charge pet rent and pet deposit for services dogs and we could NOT deny an emotional support animal based on breed.

I do worry about the damage the services dogs may caused. Any thoughts? Thank you in advance!

Jason D. · Answer

@Yannes Chiang the full answer is yes, you can deny their application. But, you cant deny them BASED on the service animal. They dont get an automatic yes because they have the service animal.

Russell Brazil · Answer

No you can not deny them based on anything regarding the service animal.

A service animal is no different than a wheelchair.

Clifford Paul · Answer

As a disabled veteran with a service dog and a landlord I think all real estate investors should take the time to understand the law.

https://www.ada.gov/regs2010/service_animal_qa.html

Q7. What questions can a covered entity's employees ask to determine if a dog is a service animal?

A. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.

Q22. Can service animals be any breed of dog?

A. Yes.  The ADA does not restrict the type of dog breeds that can be service animals.

Q30. What happens if a person thinks a covered entity's staff has discriminated against him or her?

A. Individuals who believe that they have been illegally denied access or service because they use service animals may file a complaint with the U.S. Department of Justice.  Individuals also have the right to file a private lawsuit in Federal court charging the entity with discrimination under the ADA.

Q35. Do apartments, mobile home parks, and other residential properties have to comply with the ADA?

A. The ADA applies to housing programs administered by state and local governments, such as public housing authorities, and by places of public accommodation, such as public and private universities.  In addition, the Fair Housing Act applies to virtually all types of housing, both public and privately-owned, including housing covered by the ADA.  Under the Fair Housing Act, housing providers are obligated to permit, as a reasonable accommodation, the use of animals that work, provide assistance, or perform tasks that benefit persons with a disabilities, or provide emotional support to alleviate a symptom or effect of a disability.  For information about these Fair Housing Act requirements see HUD’s Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs.

Kyle J. · Answer

You cannot deny an applicant just because they have a service animal, or charge a pet deposit or pet fee if you accept them.  However, you also do not have to accept them just because they apply and happen to have a service animal.  Screen them like you would any other applicant and choose the most qualified applicant for your property.

Kim Meredith Hampton · Answer

Hi Yannes,

You are correct, you can not deny any service animals, which could be a dog or miniature pony! Emotional support animals could be anything, the only difference on ESA, is that they must provide you with a letter from a physician stating why they need such animal. As a company, we do not accept letters paid and printed off the internet, the physician must fill out our form we provide right up the physician. In addition, you may not charge any fees and/or deposits for a service or ESA

Jennifer T. · Answer

Keep in mind that, although you can't charge extra rent or an extra deposit for a service or ES animal, a tenant is still responsible for any damage that occurs in the unit.  Including damage caused by their service animal.  And they're responsible to pay for that damage as it occurs, not at the end of their lease.

To back this up, I have verbiage in my lease of what order monies received are paid towards.  For example, late fees and tenant caused damage are paid before any monies go to rent.  The distinction is, if they pay their rent but not the damages.  They are short on RENT and all the more "cut and dry" implications that come with that.

If you don't already, it's a good idea to inspect rental units periodically.  I'd assume you can't inspect a rental unit with a service animal more often than another tenant's, but it's a good practice to do with all of your tenants anyway.  In order to nip problems/damage in the bud.

Nathan Gesner · Answer

Just to jump on the bandwagon, the only time I deny is:

1. Clearly fraudulent claim, usually with a letter from an unverifiable source or an internet site. People aren't capable of diagnosing the need for a service animal based on a phone call and $100 credit card charge.

2. You are allowed to ask what purpose the animal serves and there is no justification for multiple animals serving the same purpose. For example, a blind person is not authorized to have more than one guide dog. A person suffering from anxiety or depression doesn't need multiple animals to provide emotional support. It's common for a tenant to get a "prescription" or even multiple prescriptions so they can register all their pets as ESAs but I don't accept that.

You have to decide where you are willing to put your foot down. I live in a conservative state where judges still abide by some basic sense of justice so I'm willing to risk a little more.

Dennis M. · Answer

Find another way to deny them if it bothers you . “Sorry but you haven’t met our minimum credit score of 805 and yearly income requirement of 127,500$ we will reluctantly have to decline you and go with a more qualified candidate”

Yannes Chiang · Answer

@Tchaka Owen you are so right

Tchaka Owen · Answer

@Yannes Chiang - easy way to remember is that a service animal is NOT a pet. That's where most people get confused.

You do have the right as the owner to ask questions, ie, if you think it's one of those bogus service animal tags that people buy off the internet, dig in. Real estate agents are very limited in what can be asked, however owners have much more latitude. If you suspect something funny, you can request proof from a doctor, etc.

Service Pets - can I deny them?

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