Service Animals, what's an owner to do?
Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votesService Animals, what's an owner to do?
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Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
9y@Kim Meredith Hampton there is lots of mis-information being provided in this thread. I am sure people have good intentions, but it can be confusing.
First of all is the confusion between Service Animals and Emotional Support Animals. The DOJ has clearly defined that under the ADA Service Animals to only include any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. They also specifically state that Emotional Support Animals do not qualify as Service Animals under the ADA. The good thing about he ADA Service Animals is that they have been professionally trained and behave better than most of your tenants. You can only ask two questions of a Service Animal. For a service animal you can only ask two questions. Is it an animal that is required for a disability and what specific work has the animal been trained to perform. Be careful because perspective tenants will call their animal a Service Animal when in fact it is an Emotional Support Animal.
Emotional Support Animals also known as Assistance Animals are covered under FHA (not ADA). They require no training and although they are typically dogs, they theoretically could be a cat, pig, horse, snake, etc. They generally treat some type of mental disorder, but realistically most anyone can say they are depressed and qualify. I recommend a doctors form instead of note. By using a doctors form, you control the content and can ensure it is only completed by a trained mental health professional. In other words, no buying letters off the internet. You send the form to the mental health professional and they send it back to you - never entering the tenants hands. You do have to accept these animals without extra deposit or extra pet rent. People claim that you need to accept dangerous breeds, but there is precedence that says you don't have to. If the animal poses a direct threat to the safety of others, you do not need to accept it. There is also legal precedence through court cases that if your insurance doesn't accept the breed, it would be an unreasonable burden to have you accept the animal. Obviously if your insurance will drop you, how can you accept the animal?
@Cody Barrett you can legally ask only two questions for Service Animals covered under the ADA per the DOJ per policy from 2013. The court case you referenced predates this DOJ ruling. The other thing I would point out is that the animal in that case doesn't appear to have been trained, so it wasn't a Service Animal, but as actually an Emotional Support Animal. I am not a legal expert but I think some of the questions you are proposing could be illegal to ask:
https://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf
58 Replies
- Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes9y
That's a great question @Kim Meredith Hampton, and one that I haven't come across a satisfactory answer to. Most tenants are good people, it's the "hope for the best, plan for the worst" that is worth pondering.
I'll try and put it in the most black and white terms possible.
- I own a rental property.
- It has a mortgage.
- Not only does the mortgage require that I maintain adequate insurance, but for my own sanity I wish to have adequate insurance.
- Tenant applicant has a comfort animal named "Fluffy," here's a picture of her from Facebook:
- I can't say no to the tenant.
- No one will give me adequate homeowner's insurance.
- How am I supposed to win here? What am I supposed to do?
- Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes9y
In my state the answer was made perfectly clear to me by the chairman of the real estate commission, who also happens to be my broker.....service animal is a service animal. No questions asked. Ask a question, deny them a rental, do anything and you are in violation of the law.
District Invest Group545 Reviews - Phoenix, AZ · Member since 2015 · 345 posts · 138 votes9y
For Wisconsin, my lawyer sent me this. I can send you the full document if you're interested. But it's best that you ask you lawyer too.
If a tenant requests an accommodation to allow them to get or keep a pet, your best option is to first seek more information from the tenant. “A housing provider is entitled to seek information from an allegedly disabled person in order to establish the existence of the disability and the necessity of the accommodation.” Overlook Mutual Homes, Inc. v. Spencer, 415 Fed. Appx. 617, 621 (6th Cir. 2011). Specific questions that you may choose to ask and require a response from a licensed medial professional include:
- What is the exact nature of the tenant’ impairment? Please list any specific disability that the tenant has been diagnosed with.
- How many sessions has the tenant attended with the medical professions? How long has the tenant been a patient of the medical professional?
- How did the medical professional diagnose the tenant with this disability?
- How does the diagnosed impairment substantially limit a major life activity?
- How long has the tenant been receiving treatment for this specific impairment?
- In what ways does having the pet alleviate the symptoms of the tenant’ specific disability?
- What specific trainings has the pet received? Is there any documentation proving any trainings?
- Why does it require this pet to afford the tenant an equal opportunity to use and enjoy his or his or her dwelling?
- Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes9y
@Chris Mason thanks for the laugh this morning!!!!!
I just spoke with one of our insurance agents that we use, and he stated that It would not be covered if the Rottweiler, Uhmmmm I mean "service dog", bit a neighbor!! And you cant ask for the renter to get pet insurance, you cane ask them for a deposit, insurance etc...
@Cody Barrett thanks for the code, but it is my understanding that you cant ask this of the "service animal", but you can ask that question if it is a "comfort or companion" animal. I will research it more and post here for everyone. Its a sticky uncomfortable situation
- Attorney and Real Estate Broker · Madison, WI · Member since 2016 · 265 posts · 100 votes9y
There is also a difference between service animals and emotional support/therapy animals. One description of the difference reads:
"A service dog must be individually trained to perform work or tasks directly related to the handler’s disability, while a therapy and emotional support dog merely provides comfort to an individual in some fashion."
The quintessential example is a service dog for a blind person versus a cat to comfort a lonely person. There are different levels of need for the animal that a tenant has, and the nature of the disability is sometimes worth reviewing. Using the questions above, a landlord may find out that a pet is not a reasonable accommodation for a disability under the Federal Housing Act or other law.
This comes up a lot and I think most of us are stuck between a rock and a hard place.
Its really not fair that we are forced to take a service animal without any rules or guidelines and an insurance company can deny coverage.
There should be something that a medical letter. Also, there should be some national or state level registry that has verified the animal as such.
Right now, all a tenant has to say is that its a service animal and if they need it, they can go online and "print" a document.
- Durham, NC · Member since 2013 · 502 posts · 215 votes9y
I was under the impression that you can deny any applicant not meeting your spelled out rental criteria. But you cannot deny an applicant for bringing a service or support animal when you have a no pet policy. A landlord is required to make reasonable accommodations to a protected class of applicants, but a landlord is not required to pay for those. Please let me klnow if I am wrong.
Yes, that is the case. The problem/question we all bring up is that all a tenant has to do is say it is a service animal and you can not deny them. Even if the pet is a pit bull, or a donkey or @Chris Mason pet on the second post !
In my state of MA, I can not charge an additional pet fee and if the insurance company won't cover a vicious animal and it bites someone....the LL is on the hook. That is not right.
- Investor · Tampa, FL · Member since 2015 · 293 posts · 175 votes9y
You must be careful of the tenant concocting this service animal "tag" to bypass any pet rules/fees/deposits. Yes, you have to be careful with laws but...
We require that the tenant get the diagnosing Dr to fill out OUR form. No one that has a legitimate service animal has ever had a problem doing it.
If the Dr fills out our super basic form and signs off then you have to take it but at least this can negate some of the other problems. I don't know about any insurance concerns because I'm in MF.
This negates all the BS on "oh my goodness I get scared of the dark so I have to have my 150# rottweiler as my service animal cause WebMD said I need it and then I filled out this form on google and got it registered."
Just look at how many places offer this junk.
- If the insurance company will not cover a certain breed the landlord is exposed to that liability. That is an unreasonable accommodation request, the comfort Animal should be denied or responded to by requesting the applicant to find a policy without exclusion to the breed and pay the difference Better be backup for that in writing
I like @Tyler Ansell
- Investor · Tampa, FL · Member since 2015 · 293 posts · 175 votes9y
It's uploaded in the file place called Service Animal Form or something like that. @Ben Tate
Tell me you wouldn't print off a piece of paper to save $3-500 bucks in pet fees/rent? We just assume that everyone is faking and when they bring back the form signed off by Dr then we adjust. Probably only 10% end up being legit service animals.
- Architect · Papillion, NE · Member since 2015 · 1k+ posts · 840 votes9y
Here are some resources on this topic as this comes up frequently on BP.
Remember a service animal falls under the ADA with the Dept of Justice. This is a federal law/issue not a state or local law/issue. A service animal comes with medical prescription from a doctor and paperwork that states the animal is properly trained to be a service animal. These items you can ask for and you can verify this information. If they cant complete this, then there application is not complete which you can deny the application. If you don't want a service animal in your property then find a legal way to disqualify them.
https://www.ada.gov/regs2010/service_animal_qa.html
http://www.humanesociety.org/animals/resources/tips/assistance-animals-tenants-rights.html
- Real Estate Investor · Peabody, MA · Member since 2013 · 304 posts · 91 votes9yAssuming you have multiple applicants I always pick the most qualified applicant for the property.
- Phoenix, AZ · Member since 2015 · 345 posts · 138 votes9y
nice, great resources Jim!
- Insurance Agent · Norwalk, CT · Member since 2016 · 2k+ posts · 1k+ votes9y
I looked for some info on this and found:
JOINT STATEMENT OF
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND THE DEPARTMENT OF JUSTICE
REASONABLE ACCOMMODATIONS UNDER THE
FAIR HOUSING ACT
https://www.hud.gov/offices/fheo/library/huddojsta...One section gave some possible avenues of denial:
9. What happens if providing a requested accommodation involves some costs on
the part of the housing provider?
Courts have ruled that the Act may require a housing provider to grant a reasonable
accommodation that involves costs, so long as the reasonable accommodation does not pose an undue financial and administrative burden and the requested accommodation does not constitute a fundamental alteration of the provider’s operations. The financial resources of the provider, the cost of the reasonable accommodation, the benefits to the requester of the requested accommodation, and the availability of other, less expensive alternative accommodations that would effectively meet the applicant or resident’s disability-related needs must be considered in determining whether a requested accommodation poses an undue financial and administrative
The inability to insure the risk of the dog on restricted list (ie. Pit Bull, etc...) or another animal that posses a danger (tiger, alligator, bear, etc.) would seem pose an undue financial burden. It seems apparent from other sections of the document however, that you could not charge the tenant for the difference if you could get the coverage but it cost more. Nor could you require them to provide insurance for the animal.
I don't know how you could test it or get more info.
- 9yMindy JensenPro MemberBiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
Originally posted by @Cody Barrett:
For Wisconsin, my lawyer sent me this. I can send you the full document if you're interested. But it's best that you ask you lawyer too.
If a tenant requests an accommodation to allow them to get or keep a pet, your best option is to first seek more information from the tenant. “A housing provider is entitled to seek information from an allegedly disabled person in order to establish the existence of the disability and the necessity of the accommodation.” Overlook Mutual Homes, Inc. v. Spencer, 415 Fed. Appx. 617, 621 (6th Cir. 2011). Specific questions that you may choose to ask and require a response from a licensed medial professional include:
- What is the exact nature of the tenant’ impairment? Please list any specific disability that the tenant has been diagnosed with.
- How many sessions has the tenant attended with the medical professions? How long has the tenant been a patient of the medical professional?
- How did the medical professional diagnose the tenant with this disability?
- How does the diagnosed impairment substantially limit a major life activity?
- How long has the tenant been receiving treatment for this specific impairment?
- In what ways does having the pet alleviate the symptoms of the tenant’ specific disability?
- What specific trainings has the pet received? Is there any documentation proving any trainings?
- Why does it require this pet to afford the tenant an equal opportunity to use and enjoy his or his or her dwelling?
Cody, you should consult with another attorney. What I have been told is that you specifically CANNOT ask about the nature of the illness, the treatment being received, or pretty much any of these above questions.
You can ask only for PROOF of prescription. Not proof of need, not reason for need, etc.
An Emotional Support Animal is not required to have any special training.
Please do not ask any of the above questions to a tenant.
- Lender · Boise, ID · Member since 2016 · 38 posts · 7 votes9y
It has always been my understanding that you cannot deny someone because of their service animal. So deny them for something else. Credit score disqualification, insufficient work history or income, criminal record, etc.
reading some of the comments above. Is there a difference between emotional versus service animal? Because according to the ADA website, a service animal is train to something or react to something versus an emotional is just for comfort.
So we must accept service animal, what about emotional animal (if they are different)?
- Real Estate Investor · Peabody, MA · Member since 2013 · 304 posts · 91 votes9yRich Ng I do not believe there is currently a distinction between the two hopefully lawmakers see this loophole of emotional support animals and close it because it is only hurting people who truly need service dogs
Could the denial be as simple as asking for a current shot record of the Animal? If expired, kindly ask that it be current
What about Big Box Stores, or Theme Parks, etc. that allow Service Animals. What happens if/when they attack. Who is liable? The owner that brought the Animal onto said Property or Big Box Stores, Theme Parks, etc.?
- Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes9y
@Kim Meredith Hampton there is lots of mis-information being provided in this thread. I am sure people have good intentions, but it can be confusing.
First of all is the confusion between Service Animals and Emotional Support Animals. The DOJ has clearly defined that under the ADA Service Animals to only include any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. They also specifically state that Emotional Support Animals do not qualify as Service Animals under the ADA. The good thing about he ADA Service Animals is that they have been professionally trained and behave better than most of your tenants. You can only ask two questions of a Service Animal. For a service animal you can only ask two questions. Is it an animal that is required for a disability and what specific work has the animal been trained to perform. Be careful because perspective tenants will call their animal a Service Animal when in fact it is an Emotional Support Animal.
Emotional Support Animals also known as Assistance Animals are covered under FHA (not ADA). They require no training and although they are typically dogs, they theoretically could be a cat, pig, horse, snake, etc. They generally treat some type of mental disorder, but realistically most anyone can say they are depressed and qualify. I recommend a doctors form instead of note. By using a doctors form, you control the content and can ensure it is only completed by a trained mental health professional. In other words, no buying letters off the internet. You send the form to the mental health professional and they send it back to you - never entering the tenants hands. You do have to accept these animals without extra deposit or extra pet rent. People claim that you need to accept dangerous breeds, but there is precedence that says you don't have to. If the animal poses a direct threat to the safety of others, you do not need to accept it. There is also legal precedence through court cases that if your insurance doesn't accept the breed, it would be an unreasonable burden to have you accept the animal. Obviously if your insurance will drop you, how can you accept the animal?
@Cody Barrett you can legally ask only two questions for Service Animals covered under the ADA per the DOJ per policy from 2013. The court case you referenced predates this DOJ ruling. The other thing I would point out is that the animal in that case doesn't appear to have been trained, so it wasn't a Service Animal, but as actually an Emotional Support Animal. I am not a legal expert but I think some of the questions you are proposing could be illegal to ask:
https://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf
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