Two Service Dog???

[Christine Swaidan]

Perspective tenant says she has two service dogs. I have not talked to her, just got a copy of her application.  To make matters worse, one is a Scottish Deer Hound, a huge breed. Is it even possible to have two service dogs?

[Account Closed]

I seriously wish landlords knew these laws, so they can't be bamboozled by tenants. Plus, if you knew the actual process a tenant had to go through to file a complaint and get HUD to do anything to a landlord, you would never be afraid again. The process takes a year and has mandatory mediation. And unless you are doing something scary horrendous as far as discrimination is concerned (which would not include denying someone for claiming they needed two service dogs), worst case scenario is they ask you to work something out with the tenant. A year after you turned them away. Which could include saying, okay, I'll rent you a unit. Think about the reality of a tenant still needing your unit a year later.

Anyway, NO, tenants are not allowed two service dogs.

I would tell her she needs to have her medical professional fill out your form, and fax it back from their bonafide medical office, which you will make sure is real. The form will include the HUD definition of disabled. It will ask the medical professional if the tenant:

1) has been under their regular care for treatment of their disability;

2) that the tenant meets the HUD definition of disabled;

3) that they require a companion animal in order to be able to live comfortable in your unit, because of their disability.

You have every right to require them to meet the definition of disabled and to have a bonafide medical professional verify that they are disabled and require a companion animal because they are disabled - in order to be able to live comfortably in your unit.

If the go to HUD and complain that that big meanie landlord didn't let me have my two "service" dogs, HUD will not immediately believe them. HUD first does an intake interview (and they are backlogged about 2 months right now). During that intake, they verify that the tenant is entitled to a reasonable accommodation based on them being disabled, that they meet that definition, and that a medical professional says so and that they need a companion animal based on their disability.

HUD is not staffed by idiots. They don't like people using this law who don't deserve to, either.

Here is the actual law:

following text is from this http://portal.hud.gov/hudportal/documents/huddoc?i...

Housing providers are to evaluate a request for a reasonable accommodation to possess an assistance animal in a dwelling using the general principles applicable to all reasonable accommodation requests. After receiving such a request, the housing provider must consider the following:

(I) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities?

(2) Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability?

If the answer to question (1) or (2) is "no," then the FHAct and Section 504 do not require a modification to a provider's "no pets" policy, and the reasonable accommodation request may be denied.

.......

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.

If the disability is readily apparent or known but the disability-related need for the assistance animal is not, the housing provider may ask the individual to provide documentation of the disability related need for an assistance animal.

For example, the housing provider may ask persons who arc seeking a reasonable accommodation for an assistance animal that provides emotional support to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.