Pitbulls as service animals... I don't want to get sued!

General Landlording & Rental Properties
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Pitbulls as service animals... I don't want to get sued!

Brandon TurnerPro Member
Investor · Maui, HI · Member since 2009 · 13k+ posts · 3k+ votes

Hey folks - so I have a property in a lower-income part of town and almost every tenant who applies has a pitbull. (The animal, not the singer!) 

Anyway - tenants today know the game. They just need to say "it's a service animal" and get a letter from a doctor and I can't turn them down. So they do.  This is a game they all play and it's always annoyed me but there's not much I can do except find other reasons to disqualify them (or just allow the animal.) 

But here's an interesting twist:  the insurance company directly told us that under no circumstance will they cover a pitbull biting someone. Pitbulls are not allowed (which I always assumed.) 

So- it would be illegal for me to tell the tenant I can't rent to them because of the pitbull... but insurance won't cover me if they do have one.

Anyone have any ideas on what I should do? I guess just find another way to disqualify them... but if they are truly perfect tenants, I could get sued for disability discrimination. 

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Brian Simmons
Landlord/ Investor · Republic, MO · Member since 2015 · 41 posts · 30 votes
9y

I have had to deal with this on two separate occasions..  Here is what we did.  First off, many tenants will try to get a note online or through a paper mill type company.  It is my understanding (via lawyers) that the note has to come through an individual with reasonable and professional responsibility for the mental or physical care of the individual..  That doesn't mean it has to be a doctor, but it does have to be someone who can be verified by the landlord and has some sort of professional standing. (Aka an actual person)

So back to what we did that worked exceedingly well on both occasions. (Once a physician, once a counselor) 

Our lawyer sent the care giver a certified letter and a call informing them that any liability from a lawsuit resulting in an injury from a vicious breed animal they approved as a service animal would mean we in turn would be including them as liable on the given suit, and to please forward us a copy of their liability limits..

In both instances letters were immediately withdrawn.. In one instance we got a certified letter back stating we should reject the previous pet approval IMMEDIATELY..

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  • Rick S.
    Fort Collins, CO · Member since 2014 · 397 posts · 161 votes
    9y

    @Brandon Turner would your insurance company still cover you if you provided proof that the tenant had a specific renter's insurance policy to cover the liability?  

    0Reply
  • Account Closed
    Real Estate Investor · Shelton, WA · Member since 2013 · 369 posts · 639 votes
    9y

    @Brandon Turner  I wonder if you could make the case that your insurance company itself would be in violation of the Americans with Disabilities Act by denying service to you/your business because of a registered service animal. Probably a good question for a lawyer! 

    Edit  - Just finished skimming the ADA regarding service animals..absolutely mind boggling that all it takes is a doctors note.. 

    4Reply
  • Jim Adrian
    Architect · Papillion, NE · Member since 2015 · 1k+ posts · 840 votes
    9y

    Get it in writing from your ins company that they are not allowed.

    1Reply
  • Andrew S.
    Investor · Raleigh, NC · Member since 2013 · 1k+ posts · 708 votes
    9y

    Have you had this discussion with your insurance company IN THE CONTEXT of service animals?  They may agree to an exception if you can show them the doctor's note.  This question may have to be taken beyond the insurance agent to some of the corporate folks at the insurance co.

    1Reply
  • Anthony Lee
    Insurance Agent · West Long Branch · Member since 2015 · 206 posts · 64 votes
    9y

    @Brandon Turner 

    I cannot speak as to the legalities of the situation. However, I can speak on the insurance side of things. 

    It is common, as you assumed, for Pitbulls to generally be among the list of restricted and unacceptable dog breeds. It is also common for the insurance companies to have an animal liability exclusion in their policy. 

    I am not familiar with Washington Laws, if the property is in Washington, regarding tenant discrimination or if they have a law in place which is more stringent than the ADA (And various other act)

    However, my first question would be can the prospective tenant provide adequate documentation stating that the animal actually service animal and has been trained accordingly?

    I have worked with clients in similar situations, each insurance company is different regarding their guidelines, where if documentation is provided that the animal is a service animal they will allow the presence of the animal. In these situations, the animal liability exclusion will generally still apply. 

    Since the animal liability exclusion will generally still apply, it is possible, for the tenant, to take out a stand alone Animal Liability Policy, as the animal belongs to them, with you listed as an additional interest. 

    As a side note, it is always recommended that residential landlords require that their tenants have a renters insurance policy in place with the landlord listed as an "Additional Interest." There seems to be a lot of confusion on the forums with regard to what renters insurance is or isn't and how the landlord should be listed as "Additional Insured." Generally speaking, "Additional Insured" may pose a conflict of interest for the landlord in the event of a liability claim.

    My second question, or concern, would be whether you have a stand alone Tenant Discrimination Insurance Policy in place. When dealing with policies of this sort, it is important to ensure that the policy provides coverage for punitive damages as well as the more standard coverages. 

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  • Anthony Lee
    Insurance Agent · West Long Branch · Member since 2015 · 206 posts · 64 votes
    9y

    @Rick S. @Brandon Turner 

    Like most landlord dwelling policies and homeowners policies have particular breeds of animals which are considered to be contrary to company guidelines...

    Many policies will have an Animal Liability Exclusion which will exclude coverage for liability claims caused by animals. Often this will be a general exclusion and extend to all animals not just animals deemed to be unacceptable per company guidelines. 

    @Andrew S. More often than your agent is the best liaison with the company. 

    @Account Closed applied for the insurance policy and it will likely be listed within the policy text itself. It is more likely that the particular breeds were listed on the application than in the policy. However, the exclusion, whether relating to animals generally, or particular breeds, can be found within the text of the policy itself if such exclusion would be applicable (Which it sounds like it is) 

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  • Natalie KolodijBusiness Member
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    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    My thought process....

    You can't turn them down for the service pitbull....

    You have a right to be protected and insured...

    Landlords can require you provide renters insurance....

    Can you make providing insurance of this nature part of their rental clause? Many H/O insurance doesn't cover aggressive breeds but there are specific policies that do 

    (http://einhorninsurance.com/dangerous-dog-liabilit...) 

    I know that you can't even charge pet deposits ect for a service animal. But what if you're not charging them more for a service animal, you're charging for an insurance addendum or requirement? 

    Does this many sense at all? I've had a long day haha 

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  • Andrew S.
    Investor · Raleigh, NC · Member since 2013 · 1k+ posts · 708 votes
    9y
    Originally posted by @Anthony Lee:

    @Rick S. @Brandon Turner 

    More often than your agent is the best liaison with the company. 

     Agree - sorry if I implied otherwise.  The agent is the best liaison, but not necessarily (in fact, hardly ever) the final decision maker.

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  • Rick S.
    Fort Collins, CO · Member since 2014 · 397 posts · 161 votes
    9y

    @Natalie Kolodij that makes perfect sense to me as that policy could be a few hundred dollars and may deter people from renting with their "service animal" if that is a requirement.  

    0Reply
  • Kevin Manz
    HVAC Tech · Fort Wayne, IN · Member since 2015 · 423 posts · 223 votes
    9y

    what would make a worst tenant, a pitbull or pitbull the singer?

    7Reply
  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    A Latino gentleman who's music is popular at south beach clubs and on cruise ships. (the singer's name is pitbull) I do not believe he sings to pitbulls. 

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  • Anthony Lee
    Insurance Agent · West Long Branch · Member since 2015 · 206 posts · 64 votes
    9y

    @Natalie Kolodij A landlord can require that a tenant have renters insurance. However, renters insurance, is simply an abridged form of Homeowners insurance and will also, generally have a dog breed restrictions as well as an animal liability exclusion. 

    For situations like this, in my opinion from an insurance standpoint, not a legal standpoint as I am not an attorney, the following situation would be beneficial if listed in the lease.

    • Require that all tenants have renters insurance with the landlord listed as an "additional interest"
    • Choose either to disallow pets or allow pets with restrictions on "vicious" breeds. 
      • If pets are allowed, require that the tenants renters insurance provide coverage for animal liability. or require that the tenant carry a separate animal liability policy with the landlord listed as an "Additional Interest"

    It is also good to have coverage, either as an endorsement to your landlord dwelling policy, if available, or as a stand alone policy, for Tenant Discrimination.

    1Reply
  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    @Anthony Lee

    I think you're basically stating the same thing....legally you can ask them to provide renters, so legally I think he could request them to provide aggressive breed specific coverage. 

    The issue that he's up against is even with specifically saying no breeds, or no aggressive breeds in a lease if someone has a note stating it's a service animal it overrides that. He can't discriminate against them for their service animal. That's kind of the issue at hand. 

    Washington is a SUPER liberal state with stuff like this. He literally can't even request a "pet deposit" for damages if it's a service animal. 

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  • Account Closed
    Rental Property Investor · Portland, OR · Member since 2015 · 338 posts · 332 votes
    9y

    It's possible that a pit bull is a bona fide service animal. Pit bulls are used in search and rescue and as drug sniffing dogs. They are not, however, reliable attack dogs (unlike German Shepherds) because while they have been bred to be dog-aggressive, being human-aggressive is considered a negative trait (since handlers needed to break up fights without themselves getting bitten). 

    While I personally think breed discrimination is wrong, the equivalent of dog racism, I can't control insurance companies. I use State Farm because they don't have breed restrictions. When I was a renter with a pit bull type dog, I was insured through Geico's affiliate, which I can't remember the name. American something? Not American Family though. 

    So, it IS possible to be insured, both as a tenant and a landlord, if you choose the right company. PEMCO, which operates in Washington state, will insure individual dogs based on their personal history/age/intact-ness and doesn't have complete breed bans. 

    I'm no lawyer, but I would imagine that if a dog has a documented history of aggression, then that seems like it would be a legal reason to deny someone, as the dog is an extension of the applicant. If the applicant had a history of assault, and your criteria prohibited that, there's a reason to reject them that has nothing to do with disability. 

    If a person's references didn't check out (which includes dog references), that's another reason to reject them. 

    If they're perfect in every way other than that their service animal is a pit bull, they're perfect. But it would be, IMHO, an "unreasonable" accommodation for you to change insurance companies. If they purchase a policy that protects both you and them, and your insurance company confirms that, I imagine that would cover you, both legally and insurance-wise.

    But I'm no lawyer. I work in disability services at a community college, am a landlord in Oregon, and was a pit bull mom for 11 years. 

    1Reply
  • Curtis BidwellPro Member
    Rental Property Investor · Olympia, WA · Member since 2014 · 777 posts · 744 votes
    9y

    @Brandon Turner I have a few requirement for animal owners that tends to weed out those scamming the system:

    • Current vaccination record from local vet clinic. (Protects other residents)
    • Current license from city/county (if they don't get this they aren't serious, it's the law)
    • Renters insurance naming us as additional insured (protects me)
    • Letter from local Doctor/health professional (they can/will get these online for nominal charge)

    Here in WA service animals and "emotional support" animals have about the same standing legally.  Be glad they aren't asking for an emotional support Python or pig! 

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  • Glenn McCrorey
    Investor · Cedar Rapids, IA · Member since 2013 · 494 posts · 407 votes
    9y

    @Account Closed  "breedism?"  Would I be a breedist if I didn't like a certain breed?  Just yankin' your chain...lol

    1Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    9y

    The dog is not a dog in the eyes of the law. The insurance company should not consider the dog as a dog that needs to be insured. Since it is not a dog, their breed restrictions are beside the point.

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  • Jeff Rabinowitz
    Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
    9y

    A letter from a doctor does not prove your applicant has a disability and that you must accept the so-called service animal. There was a recent case in Ohio where a landlord was fined for refusing to rent to an applicant who had a letter from a doctor for their service animal. The applicant never offered documentation of their disability and, it turns out, they did not have one. The judge found the landlord not guilty of discrimination.  He stated the landlord cannot be expected to assume there is a disability unless the applicant offers proof of that disability--the letter for the service animal is not enough. The judgment was handed down in September and I believe it is going to be appealed to the Ohio Supreme Court (Helen Grybosky v. Ohio Civil Rights Commission). Unfortunately, this case has chewed up this 80 year old landlord and left her with a house she was afraid to advertise for rent but it has spurred legislative action and could be the beginning of a bit of sanity in this area.

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  • Derek Lacy
    Insurance Agent · Maitland, FL · Member since 2015 · 397 posts · 244 votes
    9y
    Simply put. An insurer is not required to insure anyone if they have guidelines approved by the state DOI. I don't have to take a far leap to state that any insurer doing business in your state on an admitted basis is inside the guidelines of the DOI. So they can exclude or refuse all coverage regardless of the dogs status as a service animal. You can accept or reject their stance, but they cannot give an exception outside of those guidelines. Call State Farm, they have no breed restriction, though they may be close to closing that floodgate, they currently report they had to raise liability charges on average 20% due to excessive dog bite claims and feel if they don't take other action that will raise to 100% increase in the next 10 years. In other words get it while the getting is good. Having the tenant purchase tenant liability insurance (get on the document that it covers animal liability) is really putting risk financing in the hands of your tenant, personally I would want to be in more control of my risk. And not place my fortunes in the hands of my tenant. Just remember this is a serious topic as the clear plurality of liability claims on landlord policies are dog bite claims. Meaning more likely than not if you ever experience a liability claim, it will be because of a dog bite. Dogsbite.org is a good, but a biased (they obviously tell you the bad, not the good of vicious breed dogs) resource on this matter.
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  • Christopher Lombardi
    Developer · Point Pleasant Beach, NJ · Member since 2015 · 303 posts · 216 votes
    9y

    I legally denied someone for having 3 German Shepherds, all service dogs.  As long as your denial is reasonable, you should be fine.  Denying it to maintain your insurance should be reasonable enough. 

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  • Account Closed
    Rental Property Investor · Portland, OR · Member since 2015 · 338 posts · 332 votes
    9y

    Dogsbite.org is a website started by a web designer who was bitten by a dog she identified as a pit bull. Anyone can buy a .org domain. It does not make them an expert and especially, it does not make them unbiased. 

    But @Brandon Turner's post wasn't about whether pit bulls are good or bad, but what trumps what: law or liability. This is such an interesting question, one that a lawyer would have a better grasp of. 

    I do know this: one can get in big trouble for violating the ADA and other disability antidiscrimination legislation. Landlords must provide reasonable accommodation, at the tenant's expense. So it's up to courts to determine whether switching insurance policies at the tenant's expense is reasonable, perhaps. 

    Personally, I'd have a rigorous screening process, including calling human and animal references, and checking dog records available with the county. As far as I know, it's permissible to discriminate based on the results of references or credit etc. NOT on disability.  

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  • Ian WalshBusiness Member
    Lender · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    9y

    Is the dog registered as a pitbull or a mut?

    0Reply
  • Steve Vaughan
    Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    9y

    The rigorous screening process @Account Closed mentions, for me, begins with my CL ad.  Cross-streets only, no address.  Pictures, but no phone number. 

    Sample:

    "Nice 2 bedroom with laundry and patio.....    Please tell me:  How many people?   How many animals?  Does anyone smoke?  How soon would you like to move?"

    I receive the e-mails with my questions answered or I don't reply.  If the person lies and surprises me with a pitbull or any animal, they are denied for not being truthful.  They haven't made liars a protected class yet.  Good luck, ya'll!  

    4Reply
  • Tony Howard
    Investor · New York City, NY · Member since 2016 · 14 posts · 0 votes
    9y

    Never understood why people put themselves at risk of litigation by buying Pitbulls... Life is to short to have to deal with a crisis caused by a dog.

    0Reply
  • Andrew S.
    Investor · Raleigh, NC · Member since 2013 · 1k+ posts · 708 votes
    9y
    Originally posted by @Rick S.:

    @Natalie Kolodij that makes perfect sense to me as that policy could be a few hundred dollars and may deter people from renting with their "service animal" if that is a requirement.  

     Agree, but how do you enforce?  What if the tenant agrees to get the insurance but then doesn't?  Or he gets it and then quits paying the premiums.  If the tenant is savvy enough to play the service animal game, they are probably savvy enough to play you on the insurance request too.  Enforcing can get very messy and costly.

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