Disabled rental applicant sues landlord for discrimination

[Thomas Balielan]

Hi, fellow rental owners,

Recently got a disabled rental applicant who applied for my house on Zillow. I specifically mentioned on my listing no pets. They also wrote no pets on their application. They are a marine veteran couple who moved from the east coast to California. They were very eager to rent my house. Even though we never meet each other. They only send a relative to my open house to a video showing my house. They have 600+ credit scores and a decent income. They claimed that they can work remotely and live close to their family. So their company on file is in Maryland. Once I send them the lease contract to sign, the guy finally told me he actually has a service dog because he is disabled at the last moment before he sign the lease, and asked if I can change my contract since I wrote no pets on my contract. 

I have a bad feeling. It is very obvious that they used a trick to set me up. Because both my listing and their application indicate no pets. I declined their application and canceled the lease signing. He got mad right away. He said I discriminate against a disabled veteran. His service dog is not a pet and he doesn't have to mention that. Now he is threatening me with a fair housing lawsuit.

Does anyone have a similar experience? The fair housing department can't just take his word for this. They need to have evidence to prove that. I didn't even ask about his disability and gave him the lease to sign after he shows me his disability income from the military. I just don't like that he hid the dog's information till the last moment. He planned this and clearly knows what he is doing.

Now I rented my rental to another family with no animals and a better credit score.

What should I prepare if the fair housing department reaches out to me later?

Thank you all.

[Greg M.]

I'd be extremely worried about this. This is especially true depending on what was said in writing. The FHA will likely take his side. As we all are, you are an evil landlord that preys on innocent tenants and the FHA needs to protect tenants.

The guy is a disabled Marine? It's highly likely that he has an actual service animal which is not a pet. 

I'd say your best bet is to tell them that after they failed to sign the contract as presented, you offered the unit to another qualified applicant and they immediately signed. Point out that the original contract was valid as it said "no pets" and you are fully aware that a service animal is not a pet. Use the "sorry, but demand is crazy here in CA and if you don't complete everything immediately, there are others that are waiting and that is what happened here. "