PETS, Service/Support Animals, Disability Confidentiality, Homeowner's Insurance & Bite Liability

PETS, Service/Support Animals, Disability Confidentiality, Homeowner's Insurance & Bite Liability

Homeowner · Signal Hill, CA · Member since 2015 · 521 posts · 70 votes

so most of us here, already privvy to the many pet vs service/support animal posts, know by now that true service/support animals are not just pets.  they are disability assistance animals that are differentiated from pets by having been prescribed/recommended by a licensed healthcare professional (ie, physician or pscychologist/therapist).

enter pet therapists. they might prescribe a pet (or petS) for xyz reasons. but the moment the pet is prescribed/recommended it seems a pet obtained or used for that purpose transforms into a support animal, and is protected under provisions of the ADA.

with service and support animals, proof of need is required (especially in NO PET policy units/buildings) in order to document that we are not discriminating against any other tenant(s) that may want to have an animal as a pet (as opposed to as a service or suport animal).

enter the likelihood that we will likely be given a prescription or recommendation letter that at bare minimum will indicate the tenant has some sort of disability, plus may or may not share what physical, health and/or psychological condition(s) the animal was indicated for, or in the case of more than one support animal, which symptom each pet assists with.

a predicament?

tenant A loves dogs but the building policy prohibits pets. one day, tenant A notices thru the front window that tenant B moved in with 2 dogs (a pit bull mix and a german sheperd mix) with the PM present and no issue was apparently raised; landlord even pet and played with the dogs. 

tenant A feels betrayed and goes out and buys a yorkie. landlord finds out and issues notice of breach of contract and to vacate or restore the apt to its pet-free requirements.

tenant A contronts landlord and demands explanation as to why tenant B has 2 big dogs but tenant A cant have 1 tiny one. landlord discloses tenant B provided proof that each of the 2 dogs are emotional support animals.

tenant A asks tenant B why does she have 2 emotional support animals, and for a referral to a professional that could also recommend 2 or 3 dogs so he can keep his yorkie and get a playmate for his and maybe even the yorkie's 'emotional support' each.

tenant B is insulted and files a HUD complaint that landlord shared that she needs emotional support (per Fair Housing Act, landlords may not divulge that a tenant has any disability to any third party).

meanwhile, tenant C whose toddler was soon after mauled to death by tenant B's sheperd mix, has just won a case in California Supreme Court finding the landlord to be a statutory owner of the dog since it was accepted onto the premises simply based on a letter written by a 'pet therapist' without regard - and consequentially, with negligence - to the other tenants' safety and thus responsible for $2,000,000 in compensation to tenant C for the loss of precious human life, regardless of whether landlord was negligent or not, and regardless of whether animal was a service/support animal or pet.

landlord, having lost his countersuit against tenant B for vicious 'support' animal's lethal actions, files claim for his homeowner's insurance to cover the $250 million he owes tenant C but claim is denied altogether on basis that building had a no pet policy and dogs were not declared and the pit bull mix, though recommended, was never even licensed.

last but not least, landlord receives summons, subpoenas, etc from HUD and appears for trial in Federal Civil Court. judge finds landlord guilty of divulging that tenant has a disability and orders landlord to pay the statutory $16,000 for one county of housing discrimination, plus 300,000 in actual damages for the complainant (and of course, her attorneys fees) for she is emotionally scarred for life!

tenant A gets evicted but marries tenant B, gets a recommendation to keep yorkie for emotional support, and anyways, buys the building thru a court ordered forced sale to satisfy judgements and they live happily ever after with their hoard of 'support' animals... 

until tenants-turned-owners' 'loveable' pit bull mix killed a tenant's child and court ruled both community property owners were liable.. but they had no equity nor assets so thrown in prison for life - without emotional support animals nor pet visitation rights - and never invoked their conjugal visitation rights - the end!

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Investor · Memphis, TN · Member since 2013 · 59 posts · 30 votes
11y

@Jennifer T.

His post may have been in fun but he does live in CA. There are lots of people who make a living off these types of lawsuits. 

Just because you are paranoid doesn't mean they aren't out to get you. 

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  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    11y

    Bravo 

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    11y

    LOL.  Wow.  You missed your calling.  Or are you writing the next best seller as we speak?  Contractor by morning, investor by afternoon, but by night........secretly typing away at the next best seller...

    Landlords have the right to ask someone to prove they are disabled - unless it's obvious that they are disabled. 

    They'd have to make a very strong case as to why they need two service animals.  I have not seen any law that says a landlord must accept more than one.  That said, I haven't seen any laws that says a disabled person can't have more than one.  But, I'd fight a tenant on this one.  And they'd have to prove and get documentation to back it up, why two are needed.  

    I'm disabled, but my disability is not obvious.  I have an emotional support animal, and my doctor has written a letter saying why such an animal is beneficial to me.  I rent where animals are allowed, and I got a dog that is under 25 pounds, which are accepted everywhere that allows pets - especially so nobody knows she's a service animal.

    Because my dog is my service animal, though, I don't have to pay the pet deposit.  That's between me and the manager.  Nobody else is the wiser.

    But, I can provide a letter from Social Security, too, that states I am permanently disabled.  

    I feel for landlords on this issue.  The laws are complex, so they don't know what to do.  I could actually see your scenario happen.  Well, maybe not the ending.... ;-)

  • Homeowner · Signal Hill, CA · Member since 2015 · 521 posts · 70 votes
    11y

    heh, i'm always worried about this situations as i'm a pet admirer myself and do find them so invaluable to wellness especially for the elderly, the disabled, and a few other niches like seizure predictions, etc. ditto for horticulture/gardening but fortunately houseplants dont normally cause any damages or liabilities like a tenants' lethal dog bites suddenly becoming the liability of the landlord as certain court cases in america have actually found (the landlord to be the statutory owner responsible for the dog's damages). 

    i couldn't decide whether to put a 2M or 250M price tag on a toddler's loss of life, my bad in the story line!

    it will be interesting to see how popular 'therapy' animals become, perhaps as popular as 'medical' mari-J already is here in CA?

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    11y

    @ Neil G, Although I realize your post was in fun and was a good read :).  It does bring up the question for me of, if I did have a no pets policy in a building I own, and am forced to accept a tenant with a service animal, can I explain to another tenant that an exception is being made because it is a service animal.  Hmmm.  Obviously I couldn't disclose someone's specific medical condition...if I even knew what it was...but could I at least disclose that it is a service animal and that is why an exception is being made?

    Perhaps I could be more cagey and respond, "Let's just say I am required by law to allow that particular tenant to have that specific animal," and then let the other tenant draw their own obvious conclusion.

    I've gotten on a soapbox about this on some other posts.  I am all for service animals for both physical and emotional needs.  I understand their importance.  But I think laws need to be changed to designate that only dogs or miniature horses can be service animals for emotional support.  That is already true for physical needs service animals.

    I just find it galling when you see some of these stories of people who HAVE to have their monkey or their pig or their pygmy goat as an emotional support service animal.  I'm sorry, but if someone is truly so emotionally fragile they need a service animal, why would they pick one they will constantly have push back on and will constantly need to explain to people.  That just sounds like a whole lot of unneeded stress to me.

    And FYI, while housing and hotels cannot discriminate against emotional service animals, most public places can.  The only service animals that are legally required to be allowed almost anywhere their master goes are ones that are certified for a specific physical disability.  

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    11y
    Originally posted by @Jennifer T.:

    @ Neil G, Although I realize your post was in fun and was a good read :).  It does bring up the question for me of, if I did have a no pets policy in a building I own, and am forced to accept a tenant with a service animal, can I explain to another tenant that an exception is being made because it is a service animal.  Hmmm.  Obviously I couldn't disclose someone's specific medical condition...if I even knew what it was...but could I at least disclose that it is a service animal and that is why an exception is being made?

    Perhaps I could be more cagey and respond, "Let's just say I am required by law to allow that particular tenant to have that specific animal," and then let the other tenant draw their own obvious conclusion.

    I've gotten on a soapbox about this on some other posts.  I am all for service animals for both physical and emotional needs.  I understand their importance.  But I think laws need to be changed to designate that only dogs or miniature horses can be service animals for emotional support.  That is already true for physical needs service animals.

    I just find it galling when you see some of these stories of people who HAVE to have their monkey or their pig or their pygmy goat as an emotional support service animal.  I'm sorry, but if someone is truly so emotionally fragile they need a service animal, why would they pick one they will constantly have push back on and will constantly need to explain to people.  That just sounds like a whole lot of unneeded stress to me.

    And FYI, while housing and hotels cannot discriminate against emotional service animals, most public places can.  The only service animals that are legally required to be allowed almost anywhere their master goes are ones that are certified for a specific physical disability.  

     If I had to answer a tenant as to why another tenant had a pet in a no-pet building, I'd say something like, "Landlords must allow qualified service animals, and I can't be more specific than that.  So, how bout them...insert sports team...."?

    And you're right that psychiatric or emotional support animals are not allowed in public.  And it's definitely unfortunate that people push these laws.

    Some people just fight life, I think.  The people who get a pit bull and then live their lives as tenants as angry people because nobody will let them rent with it, as well as be angry that everyone leaves the dog park when they show up with their pit bulls.  Some people make deliberate decisions, knowing it will cause them problems. C'est la vie.

  • Investor · Memphis, TN · Member since 2013 · 59 posts · 30 votes
    11y

    @Jennifer T.

    His post may have been in fun but he does live in CA. There are lots of people who make a living off these types of lawsuits. 

    Just because you are paranoid doesn't mean they aren't out to get you. 

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