Service Animal question

[Lois S.]

I have a SFH for rent. It's been advertised as a No Pets property.

During a phone screening, caller mentioned a family member who doesn't currently live with her, will be moving in with her because he has a disability. Did not state what it is, but he does travel to work currently.  Caller also stated he has a 'service' dog, which had belonged to his GF & the dog was trained to 'hear' for her.  (trained for the GF, who is deceased)  

So, I get it, he's probably fond of the dog, but the dog wasn't trained for him.

Assuming all else checks out, what would you do?

Thinking of an in-home visit to check out housekeeping at the dog owner's current rental, or just deny on no pets policy.   But hate to open the whole 'service animal' issue 

[Account Closed]

@Lois S. First let me say, that you can first screen these guys, including the disabled guy, and if they don't meet your criteria, you don't have to deal with the service dog issue at all.

The service dog issue isn't horrible, though, if you know the laws.

You can deny this dog.  It is not a service dog, trained for the guy.

Here is the California booklet on the service dog laws in CA:

http://www.disabilityrightsca.org/pubs/548301.pdf

If he then tries to say it's an emotional support animal, you can then require him to have his primary care physician fill out and fax a form from their office to you.  In the form, I'd put in the definition of "disabled" for an emotional support or service dog (whichever he's trying to say it is), and have the doctor agree that he meets the definition.  Then, to also agree that the dog is needed because of his disability, under that legal definition, and how the need is related to his disability.

These questions are legal.  They don't need to give you details about his medical records or diagnosis, but it's legal for you to have him prove he meets the legal definition, and that he has a disability that requires an emotional support animal, and how it will meet a need related to his disability, and to have a verified medical professional, from an office where he has been consistently treated, agree to all of the above.

That way, he can't just bluff you with a scare about calling HUD with a complaint, or just buy a vest on Ebay or an online letter. HUD knows tenants pull these stunts. A complaint with HUD must be verified by an intake worker. And that takes about 2 months in CA right now. (I know because I'm going through one on a different matter.)

So, tell him to feel free to file a complaint, and if HUD determines he must be allowed to have the dog, and you were wrong on the law, then fine. Part of the HUD process is mandatory mediation. So, if HUD says it must be allowed in mediation and you just say, okay fine, I sincerely doubt there would be a fine of any kind. Especially, if you have sincerely believed you interpreted the law correctly.

At any rate, that's what I'd do.  I never had to carry out this plan when I was managing, but that was my plan.

Also, if the breed of the animal will cause you hardship, because it's not allowed by your insurance, you can deny based on financial hardship, too.