Tenants and Animals

[Denise Evans]

We are all familiar with issues related to service animals (specially trained and certified dogs) and assistance animals (such as emotional support animals of any species or breeds).

This post suggests a compromise response to those issues.

Landlords who prohibit animals do so because they

• fear the damage that might be caused by those animals, 
• know it is highly unlikely they will be able to fully recover compensation from the tenant if there is damage, and
• fear litigation if the animals harm someone. 

Other landlords allow pets, but have strongly worded pet clauses or pet addenda to provide protections. If a tenant has an emotional support animal or service animal, none of the "pet" language applies, though.

You should create an Animal Addendum, or Animal Clause, that applies to all animals, whether they are pets or not.  You can't make it more expensive for the disabled person, such as charging a higher rent, additional deposit, or animal-related non-refundable fee. You can require ALL tenants to exercise responsible animal ownership, protect the property, minimize chance of harm to other people, and maintain acceptable noise levels that do not interfere with neighbors' enjoyment of their own property.

A well-written animal clause will require the tenant to:

• Provide proof of current shots, if applicable
• Provide proof of flea control medication, if applicable
• Disclose the name and contact information of the veterinarian caring for the animal, if applicable (hamsters, for example, probably do not have veterinarians)
• Keep dogs in a crate or on a leash at all times when outside the dwelling
• Use a pooper-scooper, whether on the leased premises or another's property
• Vary locations of dog urination, so as not to burn shrubs or lawn
• Empty cat litter boxes daily into outside receptacles
• Control  excessive barking that disturbs the neighbors
• Allow monthly inspections for pet damage
• Immediately clean any pet discharges and immediately report any damage
• Assist with Twice monthly HVAC filter changes for long-haired animals
• Keep pet food supplies in pest-proof containers

I think that if you approach the problem in this manner, you will be more comfortable complying with Fair Housing laws.

[David Dachtera]

@Thomas S.,

We believe our veterans deserve preferential treatment because they had the backbone to stand up and say, "Yes - I'll fight to maintain the freedom and liberties our forebearers fought and died for."

The US Armed Forces are all entirely voluntary. That makes our soldiers special. They aren't just doing a job they were called upon to do because of the draft, it was choice they made - a commitment they kept.

[Denise Evans]

@Account Closed, I did not mean to imply that any kangaroo or gorilla could be a companion animal. I only meant to make the point that unusual animals can be companion animals. I recently attended a seminar conducted by an ATTORNEY in which he stated that snakes could not be companion animals, legally. That is not true. There is no "per se" prohibition against particular animals. In fact, HUD says that a breed thought to be dangerous, such as pit bulls, must be allowed unless there is knowledge that the particular animal is a danger to other people. You are right, the accommodation must be reasonable.

[Thomas S.]

Last comment on this thread before it deviates any further off track.

It is irrelevant as to why a landlord rejects a applicant. It's a business decision. Any responsible individual rather than try to force themselves on a landlord that does not want them, which is what the government attempts to do, should seek out a landlord that is willing to accept them as a tenant.

[Joe Splitrock]

@Thomas S. 

As far as pets in Ontario, Canada the laws are different than US, so anyone reading this should research the differences based on location. Landlords in Ontario can have a no pets policy, however the Residential Tenancies Act prohibits a landlord from having a provision in their lease that prevents pets. Furthermore you cannot evict someone who brings a pet into your property unless the pet is causing problems. 

Clause reads:

“No pet” provisions void

14.A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. 2006, c. 17, s. 14.

Full statute:

https://www.ontario.ca/laws/statute/06r17#BK15

Article discussing implications for landlords:

http://www.animaljustice.ca/blog/no-pet-provision-...

Not approving an applicant is the same as denying the applicant. Waiting for a better qualified applicant is illegal when you are passing over qualified tenants due to protected categories such as being a single parent. Just because nobody can catch you doesn't mean something isn't discrimination or illegal. You are just breaking the law in a way that you think you cannot get caught. 

Ontario Human Rights Code:

People cannot be refused an apartment, harassed by a housing provider or other tenants, or otherwise treated unfairly because of one or more of the following Ontario Human Rights Code grounds:

• race, colour or ethnic background
• religious beliefs or practices
• ancestry, including individuals of Aboriginal descent
• place of origin
• citizenship, including refugee status
• sex (including pregnancy and gender identity)
• family status
• marital status, including those with a same-sex partner
• disability
• sexual orientation
• age, including individuals who are 16 or 17 years old and no longer
• living with their parents
• receipt of public assistance.

[Phil Earley]

Hey Guys, here is a form straight from HUD we use for service animals and emotional support animals.

We require applicants with service and/or emotions support animals who are applying for a home that does not allow pets or the pet is on our restricted breed list to have their Medical Professional fill it out. 

Applicants either fill it out and we move them in or we never hear from them again.  

This is a HUD form letter that will protect all of us the right way.

Service Animals and Emotional Support Animals

if this link doesn't work, it says its doc 7399 on the hud portal

portal.hud.gov/hudportal/documents/huddoc?id=DOC_7399.doc

[Max T.]

@Thomas S. My understanding is that applications must get processed in the order in which they are received. If you are processing an application that includes a service animal, yet meets all of the legal screening qualifications, you have to accept them and give them a chance to pay the deposit. You can continue to process applications in the mean time, but you can't "sit on it." That is textbook discrimination.

[Account Closed]

Originally posted by @Phil Earley:

Hey Guys, here is a form straight from HUD we use for service animals and emotional support animals.

We require applicants with service and/or emotions support animals who are applying for a home that does not allow pets or the pet is on our restricted breed list to have their Medical Professional fill it out. 

Applicants either fill it out and we move them in or we never hear from them again.  

This is a HUD form letter that will protect all of us the right way.

Service Animals and Emotional Support Animals

if this link doesn't work, it says its doc 7399 on the hud portal

portal.hud.gov/hudportal/documents/huddoc?id=DOC_7399.doc

 Phil, this is fantastic!  I never saw this document.  I wrote up a letter that was similar in case I ever needed to use it (and weirdly never did), and was going to require the applicant to have it faxed from the doctor's office, too, so they couldn't fake it.  

And the fact that this is actually from HUD takes away any possible claim that you're discriminating by having them fill it out lol. Thank you so much for posting this. I think it would be really helpful to even put this in the documents section on BP? I haven't looked at it, but I know there is one.

[Account Closed]

Originally posted by @Denise Evans:

@Account Closed, I did not mean to imply that any kangaroo or gorilla could be a companion animal. I only meant to make the point that unusual animals can be companion animals. I recently attended a seminar conducted by an ATTORNEY in which he stated that snakes could not be companion animals, legally. That is not true. There is no "per se" prohibition against particular animals. In fact, HUD says that a breed thought to be dangerous, such as pit bulls, must be allowed unless there is knowledge that the particular animal is a danger to other people. You are right, the accommodation must be reasonable.

 I'm never surprised when attorneys don't know what they're talking about.  Have had first-hand experience with them being wrong myself many times, and even a judge.  But, again, if having a pit bull means the landlord would lose his insurance because the breed is not covered, then he can deny a pit bull.

Plus, I think landlords should know that the process for a discrimination claim takes roughly a year.  And part of the complaint process is mandatory mediation.  And if/when you ever get that far, you can always just agree to then take the tenant.  You're not going to be fined unless the discrimination is something really blatant - like screaming at a minority that you'd never take "their kind."  If you can make a legal argument for why you are denying someone with a companion animal, showing you didn't intend to blatantly just discriminate against them because they had one, then I really don't see any huge thing to worry about.

I know this because I had a legitimate discrimination case in California, which probably has the most stringent anti-discrimination housing laws in the country - and it was a joke.  The landlord can just deny you, and you file a claim, while you move somewhere else, and wait a year for mediation.  

Really, I have to agree with Greg on this one, as far as it being easy to deny them, and from my personal experience, it's worth the gamble.  Attorneys and real estate professionals make money selling their seminars on the laws and instilling fear.  But, really, the fear is unfounded unless you do something really stupid and blatant.

Is it against the law?  Yes.  But, there's no real enforcement of the law, so it's worthless.

[Phil Earley]

@Account Closed 

It was a breath of fresh air when I was told about it.  None of us have to be scared anymore:)!! I'll throw it in docs.  Thanks! 

[Joe Splitrock]

@Account Closed unfortunately this whole emotional support animal thing is not clear even within HUD. For example, the document that Phil provided states what mental disorder is being treated. I was at Fair Housing training that was being held by our local HUD representative and in his presentation he specifically stated, under no circumstances can you inquire what mental disability the emotional support animal treats. That directly contradicts the sample letter they have on their website!

He also stated that any animal must be accepted with doctors note and stated that includes dangerous breeds such as Pit Bulls. If your insurance would drop you, then you need to search for risk insurance. You can charge the tenant for the added cost of risk insurance and that is considered a reasonable accommodation. He said you can only deny if you are unable to find risk insurance or the tenant is unwilling to cover the charge. After the training I found a court case where a landlord had successfully argued they could reject a dangerous breed due to insurance costs. The court case contradicted what I was told in training.

I tend to agree with Sue that the enforcement is weak and having a confused organization would make it even harder for them. If it takes them months to mediate, the tenant has found a new place and the landlord has rented the unit by then.

[Denise Evans]

If the landlord's insurance prohibits certain breeds AND if the landlord demonstrates it cannot obtain comparable other insurance at comparable rates, then it may prohibit that breed, even if it is an otherwise allowed companion animal.

[Phil Earley]

@Joe Splitrock it's the government.   The form will protect us regardless of any contradictions because it is their form.   I'll use it to stay of trouble and when they change it, I'll use the new one.