Sacramento, CA · Member since 2016 · 13 posts · 6 votes
I'm fairly new to the BiggerPockets family, so sorry if this is the wrong forum, or if this has been stated in another post, but better to know twice than not at all right?
Anyway, I attended a NVPOA Companion Animals/Fair Housing seminar last night, and they had mentioned that there are a lot of changes being made regarding Companion Animals and what Landlords can/cannot ask for.
Some of which are:
- No longer able to require the animal to be spayed or neutered.
- No longer able to require a prescription by a Medical Professional.
- No longer able to limit "vicious breeds" i.e. Rottweiler, Doberman, Pit-Bull, etc for a Companion Animals request.
- The person with the need for a Companion Animal can get a recommendation from almost anyone, and Landlords are not able to deny that accommodation.
Those are just a few, I know there is more I'm missing from my notes, but this gives a little more information to look into.
As per the speaker at the seminar; however, we have 2 rights, or reasons, that we can deny Companion Animals:
1. If service/companion animals alters your way of business.
2. Running wild/threatening others.
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
@Jakeb Shelton I think landlords are paranoid now and tenants can be bullies. But, really, if they (or managers) study the laws, then they can't be bullied.
And if they were to file a complaint with the DFEH, and the DFEH contacts you to respond, and your response shows that you followed the law, then they aren't going to do anything to you. They know that tenants lie, too.
The only time you can't ask a person to have a medical provider say they meet the definition of a disabled individual, is if the disability is obvious. You don't ask a blind person, or someone in a wheelchair if they are disabled. Or, if your tenant/applicant is on disability income - then it's obvious they have a disability. If they're just on SSI, you can ask for a benefits letter that says they receive SSI because they are disabled. They can print them out online from their My Account on the SSA website.
But, you can still ask them what service their service dog/miniature horse (the only two animals allowed to be service animals that can go in public) performs for them. In other words, it's trained to open doors or pick up things off the floor. You can ask for documentation of that (but if it seems unnecessary to ask, then don't).
If it's a companion animal (emotional support animal), then it doesn't have the right to be in public. But, you can ask them (even if they're on disability income) to have their medical professional fax you a letter on their letterhead from their office, that explains why the companion animal is necessary for the applicant/tenant, and how that necessity relates to their disability.
You can't ask for specifics - are you schizophrenic. But, the letter should say that the patient requires a companion animal to ease their mental illness, or anxiety - or something to that effect.
The whole reason for a reasonable accommodation, is to allow the disabled individual to be able to enjoy the unit, in spite of their disability. For someone in a wheelchair, this might mean needing a handicapped unit, or someone with claustrophobia to be able to live on the first floor to avoid the elevator.
But, you don't get to keep the family rottie just because you got in some landlord's face and waved around a service dog vest and certificate and letter he bought off Ebay.
And remember, it's all about "reasonable" accommodation. It has to be reasonable. You have the right to start a conversation with the tenant and negotiate something that's fair, if their original request is not. Like, I can see you have the need for a companion animal, but a 40 foot python will not be allowed in the building. We will, however, allow you to have a non-aggressive breed dog, or a cat. Or, I understand that an aquarium is good for your anxiety, but an 80 gallon tank is not acceptable, because it could fall through the floor. We would be happy to allow you to have up to a 30 gallon tank.
I hate discrimination, but I dislike bullies even more. Landlords have the right to exercise their rights, too.
Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
10y
I'm curious about this. The "must allow companion animals" (after all, aren't all pets companions) thinking has not swept Canada yet (though perhaps Ontario - @Greg S.).
"Dangerous/Vicious breeds" lists have been used by the insurance industry for some time; though not all insurers, and some companies make exceptions for dogs which have recognisable certifications for temperance and training.
If you are no longer permitted to discriminate animals (dogs) which are restricted by your insurance coverage, are you able to require the animal owner carry comparable liability insurance (i.e. $2-5M) as a condition of accepting the animal?
- No longer able to require a prescription by a Medical Professional.
You better double check that one. Although it wouldn't surprise me in California, it would seem that SOMEBODY of importance must somehow recommend or prescribe these animals to you. Otherwise every person could just claim every animal is a "companion", but I'm sure they are not.
There are problems with online "doctors" who claim to give prescriptions or recommendations for companion animals to whoever pays for one, however, these are mostly scams, and I don't think landlords actually are required to accept their fake "prescriptions" if they don't actually have a proven doctor/patient relationship.
As a landlord I believe it is ridicules for anyone with a pet to even consider applying for tenancy in a no pet unit. Obviously those with companion pets believe they are better than everyone else and do not need to respect the rights of others.
They have problems bigger than a pet can resolve. No pets means no pets. Soon as I saw companion animal their application would go in the garbage. I don't rent to crazy people.
Soon as I saw companion animal their application would go in the garbage.
See, that's the thing. People worry way too much about what they can and can't restrict in their unit. You have no obligation to accept an applicant or tell them why they aren't qualified. Don't ever give them a reason, and then you can disqualify anybody you want for any reason...
I am luck in that I do not worry at all. I reject anyone I do not want for any reason I choose and am always able to defend my decision but surprisingly have never had to. Extremely rare that any landlord ever does but they all seem to worry about it. It's very simple to protect yourself by always finding a more qualified applicant. I reject all welfare recipients but I never concern myself about discrimination.
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
@Jakeb Shelton This information is absolutely not correct. I hope you didn't pay for this seminar.
Companion animals fall under requests for reasonable accommodations, under the different discrimination laws. Under all of them, in order to be able to request a reasonable accommodation, it must be based on a disability that meets a specific definition.
Then, the reasonable accommodation must be related to their disability.
And, any reasonable accommodation that causes undue financial hardship, or undue administrative problems, or requires them to alter their normal services, is not "reasonable."
This would include breeds that are restricted breeds under the landlord's insurance, which could cause the landlord to lose his/her insurance.
You would have every right to required an applicant or tenant to have their licensed medical provider fill out and fax a form, from their office, to you that states that the tenant meets the definition of disabled under CA law, and that the need for a companion animal is related to that disability.
There are no new laws that change this, that I know of. If they gave you actual statutes of laws that say differently, I'd like to know them, please.
And, honestly, the process for a tenant to file a complaint against a landlord takes a year by the Department of Fair Employment and Housing. The odds of a tenant filing a complaint and going through that process, after being turned down by you, are minimal, in my opinion.
Here are the rules for CA regarding service dogs and companion animals, including the difference between the two and what's required, etc.
You absolutely do not have to accept any pet as a companion animal. The applicant must request a reasonable accommodation to have one, and must meet the requirements as a disabled individual who needs an accommodation based on their disability. And you have the right to make sure they meet the requirements.
Sacramento, CA · Member since 2016 · 13 posts · 6 votes
10y
@Account Closed Thank You so much for the reply!
The seminar was free to us as part of the NVPOA membership from our company. Mostly I think that they are really worried that it looks like things are headed in that direction. They didn't give any laws changing to my knowledge, but I could have missed it. They mentioned that the insurance company's are having to change their requirements because of the companion animals and for threat of a lawsuit by "discriminating" against someone with a prescription for a Rott-Doberman mix that just wants the dog.
Currently at our company we say if you have a "vicious breed" dog then we WILL call the medical professional to make sure they understand they understand they are going to be held accountable for this specific animal prescription being a "vicious breed".
I am a fairly new property manager, so i'm not to clear on all the laws, but i will show that link to my management!
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
@Jakeb Shelton I think landlords are paranoid now and tenants can be bullies. But, really, if they (or managers) study the laws, then they can't be bullied.
And if they were to file a complaint with the DFEH, and the DFEH contacts you to respond, and your response shows that you followed the law, then they aren't going to do anything to you. They know that tenants lie, too.
The only time you can't ask a person to have a medical provider say they meet the definition of a disabled individual, is if the disability is obvious. You don't ask a blind person, or someone in a wheelchair if they are disabled. Or, if your tenant/applicant is on disability income - then it's obvious they have a disability. If they're just on SSI, you can ask for a benefits letter that says they receive SSI because they are disabled. They can print them out online from their My Account on the SSA website.
But, you can still ask them what service their service dog/miniature horse (the only two animals allowed to be service animals that can go in public) performs for them. In other words, it's trained to open doors or pick up things off the floor. You can ask for documentation of that (but if it seems unnecessary to ask, then don't).
If it's a companion animal (emotional support animal), then it doesn't have the right to be in public. But, you can ask them (even if they're on disability income) to have their medical professional fax you a letter on their letterhead from their office, that explains why the companion animal is necessary for the applicant/tenant, and how that necessity relates to their disability.
You can't ask for specifics - are you schizophrenic. But, the letter should say that the patient requires a companion animal to ease their mental illness, or anxiety - or something to that effect.
The whole reason for a reasonable accommodation, is to allow the disabled individual to be able to enjoy the unit, in spite of their disability. For someone in a wheelchair, this might mean needing a handicapped unit, or someone with claustrophobia to be able to live on the first floor to avoid the elevator.
But, you don't get to keep the family rottie just because you got in some landlord's face and waved around a service dog vest and certificate and letter he bought off Ebay.
And remember, it's all about "reasonable" accommodation. It has to be reasonable. You have the right to start a conversation with the tenant and negotiate something that's fair, if their original request is not. Like, I can see you have the need for a companion animal, but a 40 foot python will not be allowed in the building. We will, however, allow you to have a non-aggressive breed dog, or a cat. Or, I understand that an aquarium is good for your anxiety, but an 80 gallon tank is not acceptable, because it could fall through the floor. We would be happy to allow you to have up to a 30 gallon tank.
I hate discrimination, but I dislike bullies even more. Landlords have the right to exercise their rights, too.
As landlords you have the right to choose your tenants. If you do not want a applicant for what ever reason you do not accept them. You need not fear your decision as long as you follow all the rules and evaluate every applicant by the same standard. If you do not want animals don't worry there are plenty of qualified applicants to choose from out there.