Service Dog Issue

[Rafael Norat]

Mind you that I will seek legal advise..

Has anyone had experience with service dogs as a landlord?

Here's the issue: I tenant of 2 years recently brought a dog home without notice. When confronted, she stated that the dog was a service dog for her disabled son. Her son does not reside or ever has at the unit. I believe he is in a rehab facility, but cannot confirm.

Does it matter that her son doesn't live at the unit? Of course she can say that he's coming home soon.

Any shared thoughts with previous experiences would be greatly appreciated.

Thanks.

[Marcia Maynard]

It's a different landscape now with so many people fraudulently bringing animals onto and into our properties under the guise of being a service animal. We had a tenant try this. They backed off as soon as we presented them with the process we require for requesting a reasonable accommodation. The terms service animal, assistance animal, emotional support animal, therapy animal, companion animal and/or comfort animal are often cited. Confusing? Yes it can be. Landlords are finding it exceedingly challenging!

The key is to proactively establish policies and procedures that are in compliance with the Fair Housing Act and other non-discrimination laws for your jurisdiction that cover the housing industry. Make sure your rental agreement has clauses about non-discrimination, unauthorized occupants and unauthorized animals. Then swiftly enforce the terms of your rental agreement at the first sign of any violation. Consult with legal counsel who is well versed in this area of law as necessary.

Although the Fair Housing Act is the primary law affecting the housing industry, the ADA and Section 504 of the Rehabilitation Act also may come into play. The ADA prohibits discrimination on the basis of disability in employment, state and local government programs, public accommodations, commercial facilities, transportation, and telecommunications. Section 504 of the Rehabilitation Act of 1973 also broadly guarantees certain rights to people with disabilities and was the first U.S. federal civil rights protection for people with disabilities. Also, the Architectural Barriers Act provides guidelines too that can impact our industry.

At this juncture, it sounds as though the tenant is in violation of your rental agreement and has not done what is necessary to be covered by the Fair Housing Act, which is enforced by HUD. Be firm, fair, and friendly. Serve the appropriate "Cure or Quit" notice for your jurisdiction. Let her know you do not discriminate against people who have disabilities. Let her know there is a process she must follow to request a reasonable accommodation for herself or a guest, prior to bringing the animal on property. Let her know she will need to remove the animal immediately until this is sorted out. She may need to board the animal if her son is not able to take care of his animal at his own residence.

Did you know, some states have passed legislation that makes it a crime to fraudulently represent an animal as a service animal? The disability community is speaking up against the rise in people misrepresenting themselves and their animals, as such behavior is hurting people who have qualified disabilities and legitimate service animals.

Good luck.