Can I Charge a Pet Deposit For a Service Animal?

Question

Colorado / Denver agents and legal gurus - is anyone up to date on the issue of pet deposits as they relate to service animals? Guidance seems to be on both sides of the fence. It is generally illegal to refuse an applicant due to a property's no-pet policy if they have a service animal, but is it permissible in Colorado to charge that person a standard pet deposit?

Kyle J. · Answer

@Tyler Howell  There really isn't two sides of the fence on this issue, nor does it matter what state it's in.  The Federal Fair Housing Act is pretty clear that you can't charge a pet deposit for a service animal.

Here's a hypothetical scenario from HUD's website that addresses this issue:

So how do Fair Housing laws apply to real life situations? Here are some examples:     Situation 1 John has been diagnosed with severe depression and is disabled as defined by the Fair Housing Act. His doctor prescribes John a dog to help alleviate some of his symptoms. John asks his landlord if he can have a dog as a reasonable accommodation for his disability. His landlord says yes, but tells John he'll need to pay a $250 pet deposit and must provide proof that the animal is trained.Question: Did John's landlord correctly handle John's request under the Fair Housing Act? What if John wanted a cat or a ferret instead?  Answer: No, John's landlord did not handle his request correctly. The landlord cannot charge John a pet deposit for his animal because it is not a pet, but rather a service/companion animal required for disability. Further, the landlord cannot ask for proof that the animal is trained. Lastly, service/companion animals do not have to be just dogs; they can also be other animals, such as cats or ferrets.

So how do Fair Housing laws apply to real life situations? Here are some examples:

Situation 1 John has been diagnosed with severe depression and is disabled as defined by the Fair Housing Act. His doctor prescribes John a dog to help alleviate some of his symptoms. John asks his landlord if he can have a dog as a reasonable accommodation for his disability. His landlord says yes, but tells John he'll need to pay a $250 pet deposit and must provide proof that the animal is trained.

Question: Did John's landlord correctly handle John's request under the Fair Housing Act? What if John wanted a cat or a ferret instead?

Answer: No, John's landlord did not handle his request correctly. The landlord cannot charge John a pet deposit for his animal because it is not a pet, but rather a service/companion animal required for disability. Further, the landlord cannot ask for proof that the animal is trained. Lastly, service/companion animals do not have to be just dogs; they can also be other animals, such as cats or ferrets.

Marcia Maynard · Answer

No. You can not charge a pet deposit or pet fee for a legitimate service animal or assistance animal for a person with a qualified disability. You must comply with federal, state and local non-discrimination laws. For housing, it is the Fair Housing Act that comes into play.

The tenant doesn't need to reveal to you specifics about their disability (and you can't ask) but you can require them to provide documentation from a qualified professional that they have a disability and that this specific animal is necessary as a reasonable accommodation for their disability.You can also establish guidelines to mitigate property risk and liability risk. If the animal causes damages, you can charge the tenant for those damages.

Best to establish a Service Animal/Assistance Animal policy proactively. Also, be aware there is a growing number of people with pets who try to convince landlords to let them in under the guise that the animal is  a service animal, assistance animal, emotional support animal or companion animal. Regardless of the label on the animal, the person requesting the accommodation must  have a qualified disability. If not, then the law will not require you to make the accommodation.

HUD states the following in its FHEO Notice: "Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal."

Use the BP search feature to look for the many, many, many other threads on this topic in the BP forums. :-)

Deborah Hardin · Answer

I'm not licensed to practice law in Colorado, but the other posts are correct. Federal law will not allow you to charge a pet deposit for a service animal. Be very careful with this issue, as you do not want to fun afoul of the Federal Fair Housing Act.  I would recommend contacting a local real estate attorney for guidance.

Chris Eaker · Answer

@Tyler Howell

It is my understanding that you can't charge extra for a service animal. They are not pets, so you can't charge a pet deposit. It's like charging someone extra because they have a wheelchair.

Account Closed · Answer

Unfortunately, companion animals are often not well trained.  But, what you can do, is do regular inspections, and if the companion animal is aggressive to other tenants, you can require a muzzle when on the property outside the apartment, and if the animal is noisy, you can write them up for that, as well as not picking up after the animal - and evict on those bases if the tenant doesn't remedy the problem.

Account Closed · Answer

This is for California, but it still covers the basic federal laws.  I found it helpful when I was trying to make heads or tails out of the subject:

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

Account Closed · Answer

No, because they are not an animal.  They are a medical device, basically.

I know it's a weird concept, but there you have it.

However, if the animal misbehaves, you can kick the tenant out over it - they still have to follow the rules for cleaning up after pets, and if it causes damage, you can charge them for damage, if it barks incessantly, you can kick them out for noise, etc.

But, you can't charge them any pet related fees, other than for actual damage after-the fact.  No upfront pet fees or deposits are allowed.

Account Closed · Answer

The law pertaining to this is federal, so there's nothing state-specific you need to worry about.  Some states include even more protections, but the basic reasonable accommodation laws (which are what say you must allow emotional support animals for bonafide disabled people with a real need for one) are federal.

And I concur.  Once the animal becomes a "medical necessity," they are no longer an animal in the eyes of the law, they're basically a medical tool like a wheelchair (as mentioned) so you can't charge a pet deposit for them.

What I always planned to do if this came up (miraculously it never did for me), was to hand the tenant a form to have their primary care physician or regular medical professional to fill out and fax back to me from their office fax.

I would cut and paste the definition of disabled for someone asking for a reasonable accommodation, and ask the professional if the applicant met that definition.  And I'd also ask if the professional believed that their animal was required, because of their disability, in order to live well in my unit.  And give them a fax number to fax it back to me.

Then, if the applicant actually provided this, I'd Google and make sure this medical fax number is from a bonafide medical office.

And don't be intimidated by a tenant who threatens to complain to HUD if you do this and deny them.  HUD knows that tenants abuse this law.  They will make the tenant prove the same thing.

Oh, and don't buy the "but see, my dog has a vest and a certificate that says he's a service animal (that they bought on Ebay).

http://www.ebay.com/sch/i.html?_from=R40&_trksid=p...

Luka Milicevic · Answer

I don't allow pets in my properties, but service animals are well very well trained. I don't see them causing much or really any damage to a property seeing as they are so well trained. Even though I don't allow pets, I honestly wouldn't have any problems welcoming service animals.

Steve Karp · Answer

When in doubt, follow the law.  :-)   HUD essentially sets the bar.  State laws if any would only refine the boundaries.  While I would rather hold a Pet deposit since they're sure to make their mark one way or the other, if I had a vacancy and a prospective tenant otherwise met the criteria, I'd accept that this goes with the territory of ownership.  In the end, yes, if there's damage, you're going to be able to charge the tenant on exit so I suppose you'll get covered.  Bottom line is, before you accepted the tenant, you're entitled to, and should not accept them without something in writing from a licensed Doctor or professional that designates the dog or "animal" as a prescriptive necessity.   I do accept pets in my properties with a deposit.

Can I Charge a Pet Deposit For a Service Animal?

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