Home Insurance will not allow certain types of dogs

Investor · Fontana, CA · Member since 2020 · 128 posts · 94 votes

My tenant potentially could be getting a dog that my insurance will not allow as an emotional support animal. Will I need to change insurances? What are my options?

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Tracy StreichPro Member

Real Estate Broker · Tulsa- OKC Oklahoma · Member since 2017 · 868 posts · 801 votes

@Jason Smith and @Adam Martin Jason you "quoted" but did not cite your source of information. Adam what you said makes very common sense. However when you deal with the government common sense goes out the window. I heard direct from the mouth of the assistant director of HUD they do believe this to be a reasonable accommodation. These laws are aver changing. They have made some updates to what TYPE of animal can be allowed as an emotional support animal. You cannot however deny based on Breed.

Notice FHEO-2020-01 This is a link direct to HUD latest guidance on emotional support animals.

HUD violations are serious and will make you insurance issue look like nothing. First time fines are over $20,000. If you don't know hire a pro. This is what a professional Property Manager should know.

[email protected]918-728-8080

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Account Closed
Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
5y
In case you dont get a better answer, my first response would be to use something like petscreening dot com (I am not affiliated) to screen the request. I'd bet a steak dinner its just someone wanting to bend the rules, and that screening site was not messing around when I tried it out myself as a test. (surprisingly I havent had anyone pop this on me yet)

Hopefully someone here has more specific advice.
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Jason Smith
Member since 2021 · 109 posts · 130 votes
5y
You tell them no, or you are happy to let them out of the lease. It will cause an undue financial or administrative burden on me as my insurance does not allow them. "If a housing provider's insurance carrier would cancel, substantially increase the costs of the insurance policy, or adversely change the policy terms because of the presence of a certain breed of dog or a certain animal, HUD will find that this imposes an undue financial and administrative burden on the housing provider."

Average dog bite claim is like 30k.
My advertisement and additional terms of my lease start with "no aggressive breed dogs"

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Adam Martin
Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
5y
From my understanding you only have to provide reasonable accommodation and changing insurance carriers or increasing your costs is not reasonable. They don't have the dog yet, what is special about this certain breed or dog that requires it vs. another would be my question. While I truly feel bad for people with a genuine need this loophole is way too big. I had one prospect with a pitbull that had esa paperwork and asked my insurance. They gave me a flat no for an esa and said I would need to submit a request for approval for a genuine service dog. If insurance companies are allowed to discriminate I don't see why we couldn't besides theyh have moneyh to fight it. I know we can't charge pet rent or an extra deposit but in the event we do allow a breed our insurance doesn't allow are we allowed to recoup costs for a separate bitte policy. If we have a tenant in a wheelchair we need to let them put in a ramp but they are responsible for cost to install and remove, I don't see this as anything different.
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Tracy StreichPro Member
Real Estate Broker · Tulsa- OKC Oklahoma · Member since 2017 · 868 posts · 801 votes
5y
@Jason Smith and @Adam Martin Jason you "quoted" but did not cite your source of information. Adam what you said makes very common sense. However when you deal with the government common sense goes out the window. I heard direct from the mouth of the assistant director of HUD they do believe this to be a reasonable accommodation. These laws are aver changing. They have made some updates to what TYPE of animal can be allowed as an emotional support animal. You cannot however deny based on Breed.

Notice FHEO-2020-01 This is a link direct to HUD latest guidance on emotional support animals.

HUD violations are serious and will make you insurance issue look like nothing. First time fines are over $20,000. If you don't know hire a pro. This is what a professional Property Manager should know.
[email protected]918-728-8080
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y
If your insurance provider will not cover this breed, tell that to the applicant and move on.
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Jason Smith
Member since 2021 · 109 posts · 130 votes
5y
The ESA only covers houses that fall under the Fair Housing Act (FHA). The FHA covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.
Is it a SFH you rented without the use of an agent? If so, the ESA requirements don't even apply to you. If it does fall under FSA, check with insurance, get told no, then ţell them no.
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Lynn McGeein
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
5y
If they actually do have proper documentation for the ESA, perhaps ask them to provide proof of liability insurance for their ESA if it is a breed not covered by your insurance? Not a lawyer, no legal advice, but common sense would say, like their paying to install a ramp for a wheelchair, that if they can provide proof of and agree to maintain liability coverage for the animal, including you as additional interest or additional insured, not sure which is best, then wouldn't that be you trying to provide a reasonable accommodation. If they can't get liability coverage, then it doesn't seem reasonable to expect you to open yourself to that much liability.
I like this part of the guidance link @Tracy Streich provided, and I would request documentation stating provider has personal knowledge of individual and that it be mailed or delivered to you directly from health care provider's office from their office email or at least on their office stationery:
Documentation from the Internet
Some websites sell certificates, registrations, and licensing documents for assistance animals to
anyone who answers certain questions or participates in a short interview and pays a fee. Under
the Fair Housing Act, a housing provider may request reliable documentation when an individual
requesting a reasonable accommodation has a disability and disability-related need for an
accommodation that are not obvious or otherwise known.35 In HUD's experience, such
documentation from the internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal.
By contrast, many legitimate, licensed health care professionals deliver services remotely,
including over the internet. One reliable form of documentation is a note from a person’s health
care professional that confirms a person’s disability and/or need for an animal when the provider
has personal knowledge of the individual.

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