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

[Brandon Turner]

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. 

[Brian Simmons]

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In both instances letters were immediately withdrawn..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..