claim of service dog after violating pet clause

[Robert M.]

Slightly high maintenance tenant brought cats into one of my SFHs. My property manager told them not allowed. They said they removed them. Months later a German Shepard is reported there by neighbors ( my best property managers actually). Tenants say they are willing to pay additional rent. First $30 more per month. We refused. next $50 per month. We refused and said no pets. Then $100 more per month. We refused. They said they would board them out. 

Couple weeks later dog is back. We said "no pets" and filed for eviction. They said their sister could no longer keep the dog.

We won the eviction case in front of Justice of the Peace here in Pennsylvania. 

Now they are appealing ( their right) and saying it is a "service dog" for their troubled son ( ADD or ADHD, but not claiming just a JD. 

How should I proceed?  Any suggestions or experiences beating this kind of lying about their "liberal" rights ?

Thanks in advance

bob

[Marcia Maynard]

@Robert M. Please look at the links of previous BP discussions that @Steve Babiak provided.  If you do not become familiar with disability law and reasonable accommodation, you will be at risk of stepping on a land mine.

As the former ADA/504 coordinator for a major medical center and a former advisory committee member for a disability services agency, I do have some knowledge in this arena.  However, I cannot and will not offer legal advice.

If I were in your situation, this is what I would do.

1.  Put your emotions and opinions about the matter on hold.  Focus only on facts.

2.  Document on a timeline all that has transpired regarding pets.  This includes your communications about your pet policy in your advertising, rental agreement, notices.  This also includes all actions about the animals that were brought to the property.  Who, what, when, where, why, how.  Who brought the animals to the property, what animals (describe each one), where did they come from, why did the tenant say they did this, how did you address the issue?

3.  Document on a timeline every thing that has occurred since the beginning of the tenancy related to any mention of anyone residing in the home having a qualified disability and/or anyone requesting an accommodation for a disability.  Do you have a service animal policy? ESA animal policy? Did the tenant at any point in time request an accommodation for a disability?  

4.  To obtain a reasonable accommodation, there must be a request made by the tenant for such.  Then you as the landlord can and should require appropriate documentation of their request, in writing.  You can not ask probing questions or details about the disability, however you can ask for proof that they have a qualified disability and even a little about the nature of the disability.  This can be in the form of documentation from a qualified professional.  Also, you can and should request documentation that this particular animal provides a necessary service related to the disability.

5.  There may be room for negotiation regarding the type of accommodation.  As well as perimeters about the accommodation.  There are federal disability laws and state disability laws.  Since she is appealing the court decision, just be sure to have at the ready all of your documentation and the services of a qualified professional that can provide you with legal advice appropriate for your jurisdiction.  Do not do anything that could be considered retaliation.

6.  If you do not have one already, establish a policy for handling requests for accommodations for people with disabilities.  Our policy states that we will gladly make reasonable accommodations for people with qualified disabilities upon request.  We also have a procedure we follow for collecting the appropriate documentation, negotiating, and making accommodations.  In 19 years of owning and managing residential rental properties (15 units), only one tenant who requested an accommodation for a service or ESA animal actually had a qualified disability for which the animal was necessary.

7.  Again, read the other BP threads and get legal advice as warranted.  Also, fear not.  The more you know, the more you will see that this kind of situation is manageable.  You have every right not to allow animals in or on your property if they do not meet the criteria for being a reasonable accommodation in accordance with federal and state laws pertaining to disability rights.