Owner Occupied- Can the Owner Have a Dog but Not Allow Tenants?

Question

Hi All,

I'm in the process of rehabbing our first investment property. It's an up/down duplex and we will be living in the second floor unit and renting out the first. We want to get a dog but don't want to allow our tenants to have any pets. Basically, we know we'll keep our apartment free of animal damage and not so sure about a tenant.

I know there is some more leeway when a property is owner occupied but can we legally have a pet even if we don't allow our tenant?

Thank you in advance for the replies!

Nathan Gesner · Answer

Lauren, there is no requirement to be consistent. You can allow a dog this time, no dog next time, and five dogs the third time. You are not limited.

My question: why do you want to restrict pets if you have them yourself? Most pet owners take care of them. You can charge more for rent, you can take a higher deposit, and pet owners tend to stay longer because it's hard to find pet-friendly properties.

The key to being a Landlord is learning how to mitigate risk. Limit them to one pet. Restrict the size to only small dogs. Charge a significant deposit (refundable) and higher rent (extra money in pocket).

Keeping a pet but not allowing your tenants is absolutely allowed but it seems hypocritical and could create a tenuous relationship with your tenant because you're basically telling them you don't think they're responsible. I try to allow pets every chance I get but find other ways to reduce my risk.

Ryan Murdock · Answer

@Brian Garlington I'd say if the tenant doesn't like it they can go purchase their own duplex and make whatever rules they want at that property. An owner-occupant is absolutely justified in allowances that a tenant is not - especially when it comes to pets.

Mike Cumbie · Answer

@Mike V.

Some exemptions to coverage under the FHA include: (a) owner-occupied buildings with no more than four units (which is commonly known as the Mrs. Murphy exemption); (b) single family housing sold or rented without the use of a broker if the private individual owner does not own more than three such single family homes at one time; or (c) housing operated by organizations and private clubs that limit occupancy to members.

Exactly what you can get away with is beyond my scope and I wouldn't want to be the one to try. While you can get away with avoiding the Fair Housing Act, I wouldn't doubt something else may jump up and bite you (even if it is just public perception)

Ryan Murdock · Answer

@Lauren C. If you are occupying one of the units you're exempt from almost all federal fair housing laws. You can prohibit a lot more than just dogs if you chose to do so. State laws may vary so check them but (pet) dog owners are not a protected class regardless.

Matthew Olszak · Answer

@Lauren C.

Dogs and dog ownership isn't a protected class, so absolutely you can prohibit it as long as you don't do something like allow only certain people of a protected class (ie race) to have a dog. Your unit is a dog-ok unit, their unit isn't. They rent it knowing those facts, so that's the way it is.

Besides being legally OK, in my opinion its fair as well - as long as the applicants/tenants know dogs aren't allowed in their unit, everything should be good. But I'd state this is a policy on their unit only and that you do have a dog in case someone has a crazy allergy or phobia and is looking for a dog-free building.

Ozzy Sirimsi · Answer

@Lauren C. Good question, I have no idea but I will learn and let you know unless someone writes it here.

Lauren C. · Answer

@Brian Garlington Thanks for the insight. I agree that it is a bit hypocritical. But to @Ryan Murdock's point, then they don't have to live there.

@Sarah D. Waiting would definitely prevent any possible problems. We're planning on living there for about a year so yes, waiting is an option. But we'd just be moving into another owner occupied multi-family so I wanted to get a sense if there were any legal implications.

Thank you everyone for the replies!

Sarah D. · Answer

@Lauren C.  You don't have a dog yet, why not wait to get one?  How long to you plan to live there?  Then you can keep the whole property pet free with no concern over tenant's perception's of fairness.

Brian Garlington · Answer

@Lauren C.

From a relationship standpoint I think it is a little unwise for an owner to tell their tenants "No you can't have pets, but as the owner of the property I am going to have pets because as the owner I'm entitled to do so."

Sounds pretty harsh right?................Well that's exactly how it will come across to your tenants, no matter how you "soft sell" it.

That is a recipe for tenants to potentially make life difficult for you as an owner........can you imagine their friends and colleagues they talk with and their well meaning friends telling them how "unfair" it is that your landlord won't let them have pets.....but the landlord can?

Ouch

Ryan Murdock · Answer

@Mike V.

Check your local laws but typically in an owner occupied 2-4 unit you can legally deny people on all the hot button protected classes (kids, familial status, etc). The Fair Housing Act exempts owner occupied buildings of 4 units or less. Doesn't mean you won't get a brick thrown through your window in the middle of the night but it's permissible in most cases. Again, verify your local laws and even the federal ones can be tough to decipher. No legal advice given here.

Owner Occupied- Can the Owner Have a Dog but Not Allow Tenants?

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