Restricted Breed as Companion Animal?

Question

An inquirer asked if I would accept 2 german shepherd service animals.  Two dogs are fine with extra deposits.  German shepherds are on my restricted breeds list (but of my choice not because of an insurance requirement).

At this point there is no proof of them being service animals but I am wondering what is the legal response?  If provided with documentation to being service animals does that waive my restrictions on breeds, numbers, size etc.?

Steve Babiak · Answer

No need to make phone calls; rulings on this matter are already in place:

http://www.fairhousing.com/include/media/pdf/insuranceguidance.pdf

These next two links both bring up the same document about reasonable accommodations:

http://www.fhcsp.com/Laws/reasonable_accommodations.pdf

http://www.fairhousing.com/include/media/pdf/finaljointstatement051704.pdf

Rob K. · Answer

I'm not sure how many tenants with emotional problems (they were called "crazies" when I was a kid) would meet the requirements to rent a house from a landlord who does a thorough check.

I would have no problem renting to someone with a legitimate service animal. (Many of my tenants have a dog anyway, as do I) When they start talking about a "comfort pet" because of  "emotional problems", that's when I would see red flags.

Mary R. · Answer

Here's more, and more appropriate, and there's more information at

http://servicedogcentral.org/content/faq/61

What are laws on renting to a person with service dog? 
Contrary to popular belief, some landlords ARE exempt from the regulations of the Fair Housing Amendments Act. The exceptions include (a) buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements. The FHAA also does not apply to publicly owned (government owned) housing or to section 8 housing. Other laws, such as Section 508 of the Rehab Act and Title II of the ADA may apply in some cases. Consult a qualified attorney to learn which laws if any apply in your specific situation.

What rights does a service dog owner have in housing? 
Service animals are not pets. However, you should still notify the landlord from the start that you have a service animal.

Bear in mind that regulations in housing are not the same as they are for public access. Though a business cannot ask you for proof of disability or proof of training for the service animal, a landlord may. This is because the duration of the relationship between landlord and tenant is much greater than that between merchant and customer.

In a situation where the landlord has a "no pets" policy in place, you are required to submit a letter requesting a reasonable accommodation making an exception to the "no pets" rule to permit you to keep a service animal.

Access in housing is different than public access. While they could not ask for proof of training in a grocery store, they may be able to in a landlord/tenant situation. This is because the duration of the relationship between landlord and tenant is much longer than that between merchant and customer.

Here is a sample letter requesting a modification in pet policies to permit a person with a disability to have a trained service dog reside with them: http://servicedogcentral.org/content/node/285

If the dog is an emotional support animal, rather than a service animal, use this sample letter instead: http://servicedogcentral.org/content/node/215

There's more information there.

Steve Babiak · Answer

With regard to service animals:  you CANNOT charge any extra deposits or fees or rents.

Deborah Burian · Answer

Qualified service dogs will have a certificate.

Steve Babiak · Answer

Jon K. - Read the first link I posted above; it covers your question.

Matt Devincenzo · Answer

So when Dan P. actually comes back to read this he'll definitely have quite a bit of info to make his decision based off of...and here is some more haha.

The ADA and U.S. Department of Justice (DOJ) have established two training requirements in order for a dog to meet the definition of service animal:

The service animal must be individually trained to perform tasks       or work for the benefit of an individual with a disability.

The service animal must be trained to behave properly in places of public accommodation.

According to the ADA's definition, an animal that has not been individually trained to perform disability-mitigating tasks does not qualify as a service animal.Despite a label of "companion animal," "emotional support animal," or "therapy animal," if a dog or miniature horse does not have a high level of task training directly related to alleviating the handler's disability, they are not classified as a service animal; thus, their handlers do not legally qualify for public access rights.

http://fcsn.org/newsline/v31n4/regulations.php

Well I think that about sums it up, though you may want to pull the actual regs on it and have them handy just in case.

Jon K. · Answer

What if your insurance provider PROHIBITS certain breeds of dogs?

Do you have allow a service dog for physical disability then, even if your insurance prohibits it?

Do you have to also allow "emotional support / anxiety companion" dogs of breeds your insurance won't cover?

Are cities that ban certain breeds exempting any "emotional support" dog from their ban?

Jon K. · Answer

Me too. I know someone who has a "service animal" (so she calls it) for her anxiety. What?! I mean, great, your dog comforts you. But, why should landlords be forced to accept any dog for ANY emotional need a service or companion dog? Pets can and do damage properties. Service dogs that are actual service dogs are well-trained at least.

Steve Babiak · Answer

Here is an existing thread on the topic of emotional support animals, where there is a link from an attorney litigating such a case:

http://www.biggerpockets.com/forums/52/topics/64899-when-your-tenant-gets-a-pet-in-your-pet-free-rental-unit

Restricted Breed as Companion Animal?

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