Service animals, are they a pet?

Question

I recently rented a SFR and was told the prospective tenants didn't have any pets. We have a no pet policy for some of our properties and allow some small dogs for others (no cats). This property would have allowed small dogs.

Anyway, about the time they moved in I found out that one member of the household had a "service animal". I was a bit taken aback since it is a husky/german shepherd mix which does not fall within the confines of our allowable pet policy. I told them I would need to get a copy of the certification which they have thus far been unable to provide (one month later). Not sure what to do in this case. Our pet fee is $250 (non-refundable). I had indicated that if the paperwork isn't provided the animal has to go. Can I charge a "pet fee" for a service dog? Do I need to tweak my contract to address service animals?

Thanks.

Steve Rozenberg · Answer

My understanding is that if they have proper documentation you can not charge any extra fees nor can you deny them because of the animal. I was told by a fair housing agent for all purposes it is considered a human in the eyes of the law. This is how we do it based on that conversation, if they do not have documentation then you can enforce any rule per the lease agreement you choose to and need to.

Colleen F. · Answer

There are service dogs that are trained and provide a service and emotional support animals that are untrained but provide companionship for a person with a disability.    The former I have no problem with, the later I am very much in favor of requiring that any animal given this designation at minimum go to a dog trainer.. but that is not the law.  In either case you can't charge a fee for a real service animal or emotional support animal.

A service animal should have a training certificate. I think what your tenant is claiming is the later an emotional support animal. Hand them a form to take to the doctor that prescribed the animal for the doctor to sign.  There may be some examples in fileplace. Basically it would say they have a disability that the animal helps with. If they can't do it, you can try to get the animal removed. Some landlords have changed their wording to ask if people have any animals to address deceptive tenant behavior, they require a form filled pre-occupancy.

Daniel O. · Answer

This is a tricky subject. Tenants have rights, and for those with severe allergies who decide to rent in a pet-free building because of those allergies, those rights include the right to live in space where their allergies are not triggered. What's a poor landlord to do?

Communication is key. People assume that you have a pet free policy because you don't like animals or don't want the wear and tear on your property. In reality, you may have a pet free policy because you or your tenant(s) in other units have severe allergies. Problems arise when not everyone understands this.

If you intend to maintain a no-pet policy as an accommodation for someone with severe pet allergies, it would be smart to have them provide a note from their doctor verifying their need for a pet-free environment. If you do end up having to go to court because someone objects to the no-pet policy or feels they were discriminated against by it, having that letter in hand with a date that goes back before someone with a pet made a stink will help you look much more reasonable in a judge's eyes.

Account Closed · Answer

You don't want to evict them, even though you have prior experience of tenants who do damage when they lie about pets?  Why would you want someone like that to stay a long time?  I don't see you making money as a landlord.

The support animal is not a support animal. You've been duped.  There is nothing to sort out beyond that.

Account Closed · Answer

They never get to just move in with an animal you didnt' know about.  Service animal or not.  I'd evict them for lying on their application about having a pet.

They were responsible for asking for a "reasonable accommodation" to have a service dog, even though you have a no-pets policy.  They were required to be honest about having a pet, and asking for a reasonable accommodation.  You had the right to require a letter from their doctor saying they meet the definition of disabled under federal guidelines, and why they need a service animal, etc.

I'd just give them an eviction notice for lying on their application.  You're home free on that one.

John Teachout · Answer

I don't want to evict them, They're just 2 days into their second month. Just trying to sort out this "support animal" issue. I have another property in the same neighborhood that after having no pets it turned into both dogs and cats. (yes plural of each). Thankfully this is the third year of that tenancy because it's going to be a mess to turn over. That house was like new inside when she occupied it. I did charge her the pet fee which she paid. Hope that one stays a long time...

John Teachout · Answer

Thanks for the replies. I think I will send a letter saying they either need to remove the non-complying animal, pay the pet fee or provide the appropriate documentation within x days.

I don't want to just let this ride because this "emotional support" animal issue in my opinion has become an excuse for many to get their "pets" into places that they normally wouldn't be allowed.

Not sure what I would do if someone wanted to bring a cat into a unit. We don't allow any cats under any circumstances as I'm allergic to them.

Betty Cruz · Answer

@john

@John Teachout Google this - fheo-2013-01 - for HUD information. They are correct that you cannot charge for service or emotional support animals but they must have documentation.

Colleen F. · Answer

Read this it explains better then I can:

http://dornish.net/service-animals-for-tenants-wit...

Vern M. · Answer

I agree with Colleen F.  I managed one site that had a resident with a Rottweiler as a  service dog, even though that was a prohibited animal on the site. We stated that she had to prove that it was in fact a service animal , certified and in what capacity.  Turned out she had no documentation other than it being trained in pet smart.

We didn't have pet fees, but we made sure that we walked the apartment, during move in, with a uv light to ensure everyone knew that we would be charging for animal damages at move out.

Service animals, are they a pet?

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