limit on number of comfor animals?

Question

I have a prospective tenant who has 4 comfort animals 1 dog and 3 cats.  Is there some reasonable limit on the number of comfort animals?  4 seems a bit much,

Account Closed · Answer

It's my opinion that you never have to accept more than one. And the one must be needed due to a disability.  You have every right to get proof from their primary care physician that the animal is required due to their disability, that they meet the definition of disabilty, and how the animal will help them live in their unit comfortably, in spite of their disability.

I have an emotional support animal due to a disability.  My primary care physician wrote a letter explaining why my dog would help me live in my unit more comfortably, in spite of my disability.

The place I live in, however, does accept dogs, and my dog is only 22 pounds.  The only benefit for me in her being a support animal, is that I don't have to pay a pet deposit.

If it was me, anyway, I would deny based on too many animals, that you only allow one support animal. Then, let them try and sue you.  They won't win, based on my extensive research on the subject.

Jeff J. · Answer

Yes this is scary:

http://thedogtoronline.com/

How do we know if it is a fake letter?

Penny Clark · Answer

I believe you can charge a higher security deposit but you cannot charge a separate "comfort animal "deposit for the animal itself. I know that in Cali, this is illegal as well as charging "pet rent" for these types of animals.  I would first consult with a fair housing attorney if there is a limit - it would seem reasonable that there would be one.

Greg S. has a good point about requiring the animal be certified and that you receive written proof from a third party professional (medical doctor, psychiatrist/psychologist, social worker) if the need for such an animal is not apparent and connection is not obvious to someone unfamiliar with the applicant and the animal. This should be done for each animal with a separate stated reason/purpose for the animal; it should be fairly specific too. Be warned; there are companies on the internet who readily provide this certification by someone in the medical field which the applicant must pay a fee.

You can check with your attorney, but I believe you can demand all animals occupying your property be current on their vaccinations and are licensed by the city/county. You may even be able to demand they be altered (neutered or spayed). None of these are unreasonable requests and do not deter the tenant from having a comfort animal and are required by city or county ordinance codes. Again, speak to a fair housing attorney who specializes in reasonable accomodation for those with disabilities. If you don't and follow bad advice, you may find yourself in a pile of poo!

Good luck!

Jeff J. · Answer

This was a good link:

https://www.animallaw.info/article/faqs-emotional-...

14. Can a person have more than one service or emotional support animal?

"While there do not seem to be any cases dealing with the issue of  multiple emotional support animals, the basic requirements for this  reasonable accommodation would still be the same. In other words, if a  person were claiming the need for multiple emotional support animals,  then he or she would need documentation supporting this need from his or  her physician or medical professional. The practitioner would need to  provide documentation that  each  support animal alleviated some symptom of the disability."

Also it says:

12. Can the landlord charge me a pet/security deposit for my emotional support animal/assistance animal?

"Based on statements by HUD, it appears that a housing provider may  not charge a "pet fee" for an assistance animal/emotional support  animal. These animals are not pets and cannot be subject to pet fees.  HUD specifically states the following:

Conditions and restrictions that housing  providers apply to pets may not be applied to assistance animals. For  example, while housing providers may require applicants or residents to  pay a pet deposit, they may not require applicants and residents to pay a  deposit for an assistance animal.

(FHEO Notice: FHEO-2013-01 at  page 3). Most disability law experts feel that requiring a deposit  would be the equivalent of charging an advance damage deposit for  someone in a wheelchair. While a landlord may be able to recoup  reasonable fees for damage done after the fact by the tenant and his or  her emotional support animal, an initial security deposit may go against  the purpose of the Fair Housing Act. In one federal district court case,  a court found that a tenant could proceed with a disability  discrimination case where a housing provider charged a fee for untrained  assistance animals like emotional support animals, but waived the fee  for trained assistance animals like guide dogs."

Jason Hartley · Answer

There's a simple solution.  Put a monthly charge PER ANIMAL in your agreements.  Whether they are a comfort animal or not, they cause additional wear and tear on the property.  I charge $25 per pet per month.  4 animals is $100/m additional rent to you which helps you pay for the added usage of the property.  Having a per-pet fee there also helps naturally keep the number of pets in the unit low because they have an incentive to not pickup the next stray cat they find... err, pardon, I mean "comfort animal". ;)

Thomas S. · Answer

I generally find a way to limit it to zero by having them show medical proof. Most of the individuals claiming a medical need are lying and when you push them to prove it they usually disappear.

While you are at it tell them you are still taking applications and hopefully you will find a more qualified candidate and not have to deal with the situation at all.

Ryan Dossey · Answer

I would contact a local attorney or fair housing agency. I agree 4 seems like a bit much. But this isn't an area you want to be wrong in.

limit on number of comfor animals?

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