Georgia Property Management Lesson: A Service or Support Animal Is Not the Same as a
Realtor · Atlanta · Member since 2026 · 4 posts · 0 votes
Georgia Property Management Lesson: A Service or Support Animal Is Not the Same as a
4 Replies
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes23h
No matter what State you are in, if you plan to allow pets, you should establish a clear and detailed pet policy that imposes certain limitations depending on species. Maybe you limit the weight or breed of dogs, number of rabbits, size and weight of a fish tank, or size of the gila monsters enclosures. Maybe you require a recent Veterinarians health report, and that dogs and cats be spayed or neutered to prevent aggressive behavior, prevent commercial use and improve/prolong their life. It is critical to have those rules in place before you advertise a unit for rent.
If you do not want to allow any pets (and actually even if you do), you must have a separate set of rules specifically for Assistance Animals. Fees and deposits are absolutely prohibited, but other reasonable restrictions can be established. As with pets, you can certainly require a Vet's report, and the spay or neuter of the animal to prevent aggressive behavior. You can also, for a multi-fam property, require the animal to be carried, in a carrier, or on a leash when transiting common or confined areas such as elevators, stairwells, and hallways, as long as this does not prevent the animal from performing the task, service, or relief of symptoms that it is trained for. The handler must also clean up after the animal promptly in common areas, and prevent offensive odors from emanating from their unit by maintaining sanitary conditions. Nuisance barking or aggression that disturbs neighbors can still be an issue that could result in removal of the animal or tenant, but needs to be separately documented over a period of time and investigated case by case. Damage to the yard and other damages are still the responsibility of the person at move out.
Of course you need an initial request for the accommodation of an Assistance Animal. It is far better to be prepared for that by having not only your printed Assistance Animal Policy, but also a "sample" Request for Accommodation. this request when completed by a reliable local Health or Social Professional (and provides their professional Identification and Clinic information) will affirm the person is under their care, meets the HUD definition for a qualifying disability, and that the specific animal performs a task, provides a service, or alleviates a symptom for this person. By having these documents at the ready, you are showing that you know the laws and have a system in place. Most gamers will be deterred by simply learning this and move on to another property.
If an applicant is new to the region, you would need to accept documents from their previous location, but you can still require they be less than 12 months old. Both these reports and the request for accommodation can be required to be updated annually. There are no "internet" documents or registrations that have any value and you are not required, at this time, to accept them as verification.
- 9hDrew SygitBusiness MemberProperty Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
What do you do when you approve an applicant and THEN they tell you they have service animal or ESA?
Logical Property Management4.9451 Reviews - Attorney · 10451 Mill Run Cir #755 Owings Mills, MD 21117 · Member since 2024 · 340 posts · 124 votes5h
Quote from @Shavonne Clark:
A "no pets” policy does not automatically mean a tenant cannot have an assistance animal. Under Fair Housing requirements, a qualifying service or emotional support animal may be considered a reasonable accommodation for a person with a disability. That means the animal generally cannot be treated like a regular pet including charging the normal pet deposit or monthly pet fee.
. Know the difference between a pet and an assistance animal.
• Have a consistent process for handling reasonable-accommodation requests.
• Don’t automatically apply your normal pet fees or pet restrictions.
• Document the request and how it was handled.
• When you're unsure, verify the Fair Housing requirements before responding to the tenant.
Georgia landlords: Do your policies cover service pets?
@Shavonne Clark, this is such an important distinction. I’ve worked with landlords who approved an applicant and only afterward learned that the tenant was requesting an assistance animal, and that timing can make people nervous.
I would not automatically treat the later disclosure as a pet violation or a reason to undo the approval. I would pause and handle it as a reasonable accommodation request, follow the same process you use for every request, and only ask for the information you are legally allowed to ask for when the need is not already clear. Having that process in place before the situation comes up makes a big difference.
I’d be glad to stay connected, @Shavonne Clark. I like seeing landlords talk about this before there is a problem because consistency and documentation can prevent a lot of mistakes.
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes5h
You cannot require someone to utilize your specific request for accommodation letter if they lay one on you unexpectedly, but you still have the right to obtain valid, verifiable confirmation of the professional relationship that is claiming a nexus between a disability and a specific animal. By providing a sample letter you are more likely to get a valid, verifiable, letter from a local Professional. You also can still have a reasonable written policy in place beforehand, communicated to the applicants previously, and attached to every rental agreement, that they can be required to abide. It simply must be a separate policy from any "pet" policy, and still cannot require fees or deposits.
Making new demands after the fact without prior notice is exactly when you can create a Fair Housing issue. This is where it is critical to be proactive about having a policy. State the fact in your ads, on your applications, and in your conversations. I will also stress the fact that making any reference to "pet" violations can cause you problems as well. There are pets, and there are Assistance Animals. They are not the same. Period. They should not be confused in terms of policy discussions.
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