Potential tenant sneaking in a service dog?

Question

I got a zillow app for a rental and they stated no pets. I found the couple on facebook with tons of pictures of them with a husky and some other kind of puppy, and the guy runs some kind of dog training place which happens to train emotional support animals. When I asked her (through zillow) if they had service animals, she did not respond. So my questions are, am I even allowed to ask that? I know there are strict laws. If I am allowed to ask and get a yes, can I just tell them that I have 10 applications in front of them, which is actually true in this case. If someone get approved to rent and moves in and then sneaks in a service dog later that I can prove they already owned, what is the recourse? I've never dealt with this kind of situation, but from what I understand, it is becoming a real problem for landlords? I can't believe people would want to create that kind of animosity with their landlords that they then have to have a relationship with for at least the next 12 months.

Edited to add: When asked if they have pets, they can say no and not divulge they have a service animal?

Edited to add:   When asked if they have pets, they can say no and not divulge they have a service animal?

Dan H. · Answer

Lying on an application voids their application.  I get threatened with lawsuit slightly regularly.   I have never been sued for anything related to RE.

Issue in your case is an ESA is not considered a pet.  If you ask if they have a pet, the answer can be no but they have an ESA.

fortunately you have applicants that applied prior to perspective tenant with the ESA.

By the way I use PetScreening.com.   They claim to flag bogus ESAs.  I personally believe they do not do great at this, but if the tenant believes they do a good job at detecting bogus ESAs, the tenant will not apply and risk their application fee if they have bogus ESA. It is easier for them to apply somewhere that does not check for a bogus ESA.

Good luck

JD Martin · Answer

Lying is an automatic disqualification in my business.

Theresa Harris · Answer

A service animal is different than an emotional support animal.  The first are highly trained and the second are pets with papers bought online.

I agree with Jules.

In the future if you ask people, simply ask if they have animals (not pets).  Most people with service animals are upfront about it.

Nicholas L. · Answer

@Carol Burns

this has become a tricky area and I would consult a local PM or attorney.

@Jill F.

i think you nailed it, the guidelines are clear as mud.  i follow the law, i allow pets and i let my PMs handle applications.

Jules Aton · Answer

I wouldn't ask and proceed with the 10 applications that came first.

Bill B. · Answer

Do people without PMs just get targeted for this? It seems like maybe they figure the individual won’t check doesn’t know the laws, or something?

Maybe it’s a Vegas thing or a PM thing, But a dozen properties over 20+ years and we’ve never found an undeclared animal. Either they’re really good at hiding them or the application leaves no room for forgetting you have an animal? (You need photos, size, last vet check etc…)

Adam Bartomeo · Answer

We always ask if there are pets. If there is a service animal, we only ask for the paperwork. Even if they moved in a service animal later, we wouldn't fight it as long as they had the paperwork. As licensed real estate agents, brokers, and property managers we are not allowed to discriminate against this protected class.

Jill F. · Answer

My application just asks about 'animals' not 'pets'. If someone moves in with no approved animals, then brings an animal on-site without permission and then requests a reasonable accommodation for an ESA that is already on my premises, my lease specifies a fine of $300 (which is more than my pet fee) for bringing an animal onsite without approval. (I wouldn't charge it for a trained service dog). But even in the case of an unapproved ESA brought on site without permission, the landlord still has to consider the reasonable accommodation request and allow the animal with proper documentation, unless accommodating the request it would create an undue hardship for the LL. Once a request for accommodation is made no "pet fees" apply. If the tenant just fails to mention that they might ask for a reasonable accommodation for an ESA or Service animal but does not bring the animal on site prior to the approved request then there would be no fine and no "pet fees' charged. I've never had to litigate in this situation and I wouldn't want to. The "guidelines" are as clear as mud, IMO likely to discourage litigation but perception is reality so I put that in my lease so that a lying tenant would have to guess both what I would do and what the courts would do too. . .  but I don't know that I'd be hard nosed and go to court on it if push came to shove. I DO make a point to let ALL animal owners know exactly what their responsibilities are regarding controlling their animals.

Potential tenant sneaking in a service dog?

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