Is A "Working Dog" Classified As "Service Animal"?

Question

Anyone have facts or guidance on this? In one of my rentals I have a law enforcement officer with a working dog (K-9). Originally, my broker stated I HAD to rent to this person because it is a "service animal". The tenant has no disability and the animal is not related to helping them in other than a law enforcement capacity (chew up the bad guys):) This is a very good tenant, however, my insurance policy states "no dogs". I don't want to force them to move, but I feel I must make some adjustments to rent rates as well as talk to my insurance agency. My gut reaction is: this is not a service dog. Service dog vs working dog? Any thoughts? Am I just playing the semantics game or is there a valid difference?

CHRIS CHRISTY · Answer

I agree working dogs are not service animals. Having invested in both cattle farms and The guide dogs of America charity, one is protected under individual disability discrimination laws one is not.

Don't get me wrong I love working dogs. Like the time I was buying a herd of cattle from a rancher. He snapped his fingers 2  blue heelers jumped out of the back of his flat bed truck ran across 40 acres and herded 50 cows into the barn while we sat in the truck cab drinking beer.

Guy later went to jail for rustling cattle at night !

True story.

John Thedford · Answer

@Bill Gulleygreat idea. Get the answer without creating issues!

Steven Wiltz · Answer

I don't know your guy, but po-po are people, and some people flake. If he were to flake, he's got all the wrath and power of the legal system on his side. Good guy, great. Yes it's a deterrent. I just have read, and can understand, how some landlords say never. Also, never attorneys, paralegals, health care professionals, etc. Not necessarily my opinion, but it's out there. Always screen thoroughly and use your best judgment. And babysit them - keep a close eye, that is. NEVER, under any circumstances, "set it and forget it". Cop or crackhead, lawyer or loser.

Bill Gulley · Answer

What you need is a hold harmless and indemnification agreement, signed of by the police department as the have insurance and financial responsibility for off duty police dogs, they are considered officers too. I've never heard of an insurance company terminating a policy due to a police dog on premises, fact of the matter is they would probably be happier with that dog as a deterrent to other property damage and theft exposures. The PD may not give that to you, it may require an administrative action my their government body to give such agreements, if the don't I'd still not worry about it.

I also doubt any court would find you negligent as a property owner for any incident with a police dog under the control of the handler, and the handler is always controlling the animal, even if he leaves the dog inside and runs to the store. :)

John Thedford · Answer

NA Beardthanks for that info. I just printed it out and put it in my PM binder.

Thanks for the responses. I talked to my insurance company. They are going to quote a price for liability for the dog. I am sending the tenant a letter asking for proof of insurance from the LE agency.

Sarnen Steinbarth · Answer

I am not aware of any federal requirements for accommodations for an animal for non-disabled persons.

It should be noted that some states do specifically give protection for animals in training (and their trainer is not necessarily disabled).  So you would want to check your state laws.

Also remember that in housing you have to follow not only the Americans with Disabilities Act (ADA) but also the Fair Housing Act (FHA).  Too many times I see people ignore the Fair Housing Act and only look to the ADA guidance.

So where the ADA says the animal must be a dog (with a narrow exception for miniature horses) - under FHA the tenant would be allowed to have a reasonable accommodation for animals other than a dog (e.g., Cat).

Here are a few good resources on service animals in housing:

https://portal.hud.gov/hudportal/documents/huddoc?...

http://www.fhco.org/pdfs/hud_guidance_service_anim...

http://www.joetenant.com/ask-a-pm/2015/7/9/is-a-la...

Jeff B. · Answer

The Federal ADA standards for service dogs and the questions we can ask regarding them can be found here.

Bill Gulley · Answer

FYI, large pets, over 20 pounds are not allowed in the housing authority, I made an exception for a police officer with a police dog, latter our regional HUD office agreed.

I also would not turn this dog into any profit motive or deposit requirement. 1. If that dog had tendencies of poor behavior it would not have been accepted as a police dog and 2. they darn sure don't go inside of any building, they are better trained beyond house broken. That's not from me, that's from one of the nation's leading police dog trainers in Arkansas I spoke to about training my dog. You're benefiting by the dog being there!

Let us know what they say, might be best to talk to a claims guy in that company. :)

Roderick Carabott · Answer

@John Thedford I agree with @Bill Gulley. Call the insurance company and get them to direct you.

As to compensation for the dog: In our rentals, we allow up to 2 cats in any apartment. We charge a one time fee for each cat. Good luck.

Bill Gulley · Answer

@John Thedford why not make a phone call to your insurance agent and tell them an applicant is a cop and has his police dog and that you want him as a long term tenant. See what they say :)

Is A "Working Dog" Classified As "Service Animal"?

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