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All Forum Posts by: Scott Schultz

Scott Schultz has started 15 posts and replied 916 times.

Post: Can you take a pet deposit for service dog?

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597
I am following the guidance of the Legal team at the Wisconsin Realtors Association, they have written many articles regarding the 2017 law, as Realrors we are held to a higher standard, and there advice is backed by case law. I appreciate your opinion, but I will take my legal advice from a panel licensed by the State and have passed the Bar, the Attorneys I pay dues for specialize in Fair Housing, ADA and related, they all agree, as landlords we are allowed to ask for proof under the law. 

Originally posted by @William Clark:

I didn't even have to read all the comments on this and can see how uneducated some people are about this specific issue.  It is a CIVIL RIGHTS VIOLATION to even ATTEMPT to ask for paperwork, attempt to get any deposit or require ANY documentation to confirm the validity of any training or medical condition of the possible tenant.  How do I know?  I have a service dog (disabled veteran here).  As was suggested by a couple other people on here, the ONLY alternative is to find a more qualified tenant and rent to them instead.  There is absolutely NO paperwork required under federal law to even certify any training was successfully completed.  Many people believe otherwise, but that is not the case (meaning it's not the case that paperwork is required).  Why?  Because there are MANY disabled Americans (obviously not just veterans) who have owner-trained service dogs and these "teams" are accepted under the ADA as legitimate service dog teams.  Why?  Because not every 'team" has the option to enter into a formal program for training.  As a matter of fact, there is a rather lengthy waiting list for the few programs to actually do exist and that waiting list can be as long as 24 months.  The closest training program that I found for me (at the time I was searching a few years back) was HOURS away and out-of-state at that.  

As mentioned on here, federal law trumps local law. That last thing you want is a lawsuit for a violation of the FHA (Fair Housing Act) and ADA. Many legitimate service dog "teams" get a bad wrap because of the fake teams that are out there. Under federal law there are only 2 questions any one can legally ask to any service dog handler. 1. Is the dog a service dog required because of a disability? 2. What task is the service dog trained to perform? The response to this question can literally and LEGALLY be as vague as "My dog provides a medical alert for a medical condition that is private in nature". Anything above and beyond this (unless volunteered by the disabled person) is a civil rights violation. One of the key reasons that breed is so passionately contested is because federal law does not exclude any breed from being a service dog. As a matter of fact, countless veterans with PTSD have successfully trained (yes, even owner trained) pit bulls and other less "desirable" breeds to be their service dogs and even gone to the point of rescuing them from shelters.

If a lawsuit were pushed all the way, an insurance company can be found in violation of the ADA for dropping insurance because of a pit bull or G shepherds since they're NOT legally pets.  I don't know how many disabled "teams" have taken  it that far, but I've sat in more than my fair share of classes to know this by heart.  Part of the problem is that there is no blanket standard across the board and the only one (blanket standard) that DOES exist across the board is so vague that it typically prompts emotionally discussion across the board because of those who are inexperienced in this aspect of the quality of life for the disabled typically stereotype the legitimate disabled community with the fakers that are out there.  Then the disabled community that's legitimate responds back in anger because we're convinced that the rest of community that is not disabled isn't understanding of the disability and/or is lumping us in the fake service dogs.  BOTH sides need to come together.  One of the things that the disabled veteran community is STRONGLY encouraged to do is to take the time to help encourage and expose those that ask legitimate and sincere questions and educate them.  Many times, it's just a matter of a sincere misunderstanding and the person who's asking the questions genuinely hasn't be familiarized with federal law.   HOWEVER, since anxiety is a legitimate medical condition with which a service dog can be required, many times, just the approach of the discussion prompts a panic attack since the questioner (in some cases) is less than cordial in their asking OR the service dog handler anticipates a confrontation that may never take place in the first place.  

For the person (@ Scott Schultz) you can NOT ask for documentation because there is NONE required under federal law.  Federal law trumps state law.  @ Alvin Sylvain, the former (service animal) is NOT always fully trained because they have to be in the public in order to be trained in the first place.  How do you think the puppy gets trained?  In a private setting to get ready to go into the public?  This is one of the very reasons why this is such a contested topic in so many arenas and ways because so FEW people actually understand this.  The BEST way to assess if a dog is a service dog is to see how it responds to other dogs.  Many dogs are territorial, HOWEVER, the method I'm describing here is nowhere NEAR full proof because if there is a service dog in training, that dog could literally be adjusting to the public that it's being trained to take care of it's handler in.  You can NOT just "know" which one you're dealing with.  Since the federal law does NOT provide specific guidelines for service dogs and "teams", there's no way that local communities can try to implement any rules that federal law doesn't recognize at all.

@ Calvin Ozanick, you can NOT request documentation "for the animal in question" because under federal law, there IS NO documentation required.  

Since owner trained service dog "teams" cannot make it to training facilities, the federal law recognizes this AS WELL AS the fact that there is such a long waiting list and countless disabled Americans do not have the time to wait as long as 2 years to get a service dog.  THAT is one of the reasons why the federal law is written the way it is.  

IF you do try to charge a security deposit for a service dog "team", I wouldn't even want to be standing beside you in court when the judge hands your head to you on a platter.  In the highly unlikely event that the local jurisdiction isn't familiar with the law (some law police are not familiar with the law), than any higher court that sees this case on appeal will GLADLY make sure you never make this same mistake again.  For those naïve enough to attempt to quote Wisconsin or any other state law, they have NO experience with the federal law, which I notice NO ONE is quoting here.  The fact that there are even posts on here alleging "BS" shows the stereotypical response from countless people who draw conclusions before getting all the facts.  Absolutely disappointing coming from investors.

In the end, I hope this answers the OPs question.  I know some of my post is redundant, but so are some of the responses that I'm seeing to the OP.  I'm passionate about this topic for pretty obvious reasons.  Medically retired Marine Corps veteran here.

Post: Wisconsin lease

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

I recommend Hiring a Property Manager if you are asking on here where to get forms, you probably shouldnt be managing your rentals.

Post: Can you take a pet deposit for service dog?

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

A service or support animal with proper documentation is according to the ADA the same as a wheel chair or walker it is looked at as an assistive device, NOT an animal. so no you cannot charge a fee, but in WI you can ask for proper documentation. There are exceptions though, very few, for example, my family has a Zoo and we can restrict the animals from entering the zoo, because it would put our animals as well as theirs at high stress risk. but for the most part, you cannot restrict or charge extra for a legit service animal

Post: I can't find a fixed rate mortgage for my 4-plex purchase!

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597
Odd, Im working on a NOO duplex right now, on the resi side, I havent done a FNMA loan in many years, but she didnt see a problem, Im ding a cash out on it, we will see, you may have a problem because you reside out of state, try a mortgage broker or bigger bank, the out of state thing can scare small banks. 



Originally posted by @Adam Stroik:
Originally posted by @Scott Schultz:

@Adam Stroik  Have you spoke to the residential lender?  Also for secondary market, you need to have owned the property in your personal name for 6 months for a cash out or other refi, and must be in your personal name for a purchase mortgage. Have they told you why they cant do an FNMA mortgage for you? 

thanks Scott, I have asked what the issue is and even offered to purchase in my own name. It will be moved into an LLC later if I do that. All of them have told me it doesn't matter, they are only offering ARMs for non owner occupied properties.

Post: I can't find a fixed rate mortgage for my 4-plex purchase!

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

@Adam Stroik  Have you spoke to the residential lender?  Also for secondary market, you need to have owned the property in your personal name for 6 months for a cash out or other refi, and must be in your personal name for a purchase mortgage. Have they told you why they cant do an FNMA mortgage for you? 

Post: I can't find a fixed rate mortgage for my 4-plex purchase!

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

do you have a relationship with a small local bank? they should be able to do it no problem, here is the Matrix Guide lines, FRM= Fixed Rate Mortgage https://www.fanniemae.com/content/eligibility_information/eligibility-matrix.pdf

Post: Can you take a pet deposit for service dog?

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

In WI You can require the tenant provide proper paper work from a Wisconsin Licensed Professional to evaluate the need, this is a new change, you do not have to just take their word for it or some quack on line guy in Kalifornia. 

Post: Sheriff's Sale Assignment

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

generally no, at lease in WI because the attorney for the plaintiff will prepare a deed only in the name of the wining bidder, the winning bidder also appears on the court documents, however there are times when the bank if they are the high bidder will sell their bid, but typically this will be a double close per say. I think it could be possible, but you would have to discuss this with the banks attorney,  and good luck with that. Also know that the 10% is non refundable, so if you dont pay the balance due you forfeit the 10%, and you are buying subject to liens and encumbrances, I have purchased many sheriff sale deals, and have contemplated what you are asking, I have only come across a few banks that will sell their bid, I suppose you could pay the balance with someone elses money and then have a deed to them, but the rules recently changed and many counties are requiring the Clerk of Courts to record the deed which can take a day or 2 

Post: Legality of Wisconsin wholesaling?

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

If you read the Wisconsin Real Estate License Law, you will see what would make it illegal, the key is if you dont find a buyer for your contract, and never intended on purchasing the property, and only intended to sell the contract you would be Brokering under Wisconsin Law, if you have a License you are fine either way, if not Be sure to know what you can and cant do. I think its crap, and I am a Broker, but the law is what it is. 

Post: Diy Pex Installation in Small Single Family House

Scott SchultzPosted
  • Rental Property Investor
  • West Bend, WI
  • Posts 931
  • Votes 597

I have replumbed many homes in PEX it is the hot ticket, I recently purchased a Propress for crimping copper and also got the jaws for F1807 Pex rings, but i see Ryobi now has a cordless pinch ring tool for a reasonable price. https://www.ryobitools.com/power-tools/products/de...     

My Milwaukee I have about $2,200 in with all the jaws he manual ones are fine as well but you need to really think things out, as the tool doest fit everywhere, the cordless doesnt either, but you need much less space to use it.