All Forum Posts by: Kathi Miller

This is why I love STRs....

@Kathi Miller there's a lot of posts on the BiggerPockets forums that are not accurate around the service animal vs emotional support animal distinction, in some cases due to discrepancies in state-state laws and/or misinterpretation of ADA guidelines in this area. 

There is no federal statute in the ADA that requires owners of public accommodations accept an untrained emotional support animal, even if they do require acceptance of trained service animals. 

It goes without saying that consulting with a local lawyer versed in fair house law is always advisable, but in the interim a few resources:

ADA Network: Service Animals and Emotional Support Animals

Frequently Asked Questions about Service Animals and the ADA

NoLo's List of State Laws on ESAs

@Kathi Miller If you want to take as much of the liability off yourself, setup an account with PetScreening.com. Make this service a requirement for all of your rentals and let this service determined if the dog is a legal ESA animal or not. If they deny the tenant, then it's on them and you are not liable. We use it and had one tenant go off on us because they were denied. But you have to make sure that this service is used for all of your rentals and for every tenant. That's the only way you can ensure you are protected from any discrimination allegation. 

You might have violated fair housing laws by asking for the additional security deposit?

Please be careful. 

You signed a 6 month lease starting in august back in May? Try to avoid that in the future. You eliminated everyone that might apply during those 3 months for a longer term at a higher rate with better qualifications, for a short lease that expires in January? You forgot to put you location in your profile but I’m betting January isn’t high season   

Assuming you screened them well. The animal either won’t do any damage or they will cover it out of pocket and come February it won’t matter they had an animal in the property. 

 "And had I known they had a dog I would have accepted the other tenant because I would not have lost out on a month's rent-not for any other reason"

That is discrimination, taking into account the dog at all. It is illegal. That is a $16,000 fine from HUD, plus civil liability if they additionally chose to sue you.

So yes....the tenant here was 100% correct in hiding the fact because you literally just admitted you would have illegally discriminatiled against them given the chance.

Maybe these tenants did you a favor by saving you that $16,000 fair housing fine.

Service animals are not pets. Please research this topic thoroughly and consider hiring a property manager who is versed in Fair Housing (and other) Laws. Not understanding these laws is taking a very serious risk with your business.

Many local fair housing nonprofits and municipalities will offer free fair housing courses to property owners, I would highly recommend taking those. If these folks were testers you may well already be in hot water based on statements made.

You're rights as a landlord are to provide housing to individuals in exchange for rent. And if you want to be in the housing provider business you can not discriminate against individuals based on their race, color, national origin, sex, familial status or disability. Some disabled individuals require the use of a service or assistance animal.  These animals are to be considered no different than say a wheelchair or a cane. It is a tool for them to help deal with their disability.

And guess what, based on your response here...seems like they were smart to keep said disability private, as it seems you likely would have taken it into consideration as to whether to rent to them or not.