Anyone hearing the "therapy animal" workaround for "pets?" I am !
Rental Property Investor · Corvallis, OR · Member since 2018 · 840 posts · 1k+ votes
Anyone hearing the "therapy animal" workaround for "pets?" I am !
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Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
8yIn my for rent ad I ask "How many animals?" in addition to some other specific questions like How much do you smoke? They need to answer the questions to get a response from me.
I am animal-friendly where possible, but don't do surprises. If they weren't truthful when they answered my questions in the ad or during pre-screening, then I can reject based on that and it's no longer a pet or animal issue.
Folks need to have an animal policy these days, not a pet one. Therapy, ESAs and comfort animals are not pets.
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- Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes8y
I think a little back ground might help.
The best scientific research on the topic has proven people that have pets live longer. So a doctor's note is easy. It is sort of like a doctor saying people should exercise. At least 20% of the American public have a condition that might be made better by having a pet.
Since the passing of the ADA public policy has been that many costs associated with accommodations should be spread over the public in general and not just the individuals that need them.
In short... raise the rents to everyone enough to cover the costs of damage associated with services animals or pets that tenants claim are service animals.
Also if you own a commercial property don't ask the person in the wheelchair if they can walk if they ask for a ramp.
- JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes8y
Alabama, just like all other states, must comply with the federal Fair Housing laws. There is a distinction between "assistance animals" and "service animals." Only dogs can be service animals, which must be allowed in housing and in public places such as government buildings, stores, etc. Service animals are specially trained and have certificates. Some laws say that miniature horses with special training and who are housebroken must be allowed in government offices, but that is not because they are included as service animals. It is because there is a special rule for them.
Assistance animals can be any breed of animal. Dogs, cats, iguanas, pot belly pigs, it does not matter. Assistance animals must be allowed in housing, but not public places and government buildings. That's why when you see a news story about an airline not allowing an emotional support pygmy porcupine on board with a passenger, it is silliness. They are not required to allow emotional support animals. You, as a landlord, ARE required.
They are not legally treated as pets. You must allow them if the tenant has a letter from a health care provider (including doctor, psychologist, therapist, or social worker) saying they have a disability, and keeping the animal is reasonably related to that disability. That's all you have a legal right to demand. You cannot charge a higher rent, an up-front fee, or a pet deposit. They are not pets, under the law.
You are entitled to have safeguards you would have for any pet owner, such as rules regarding humane treatment of the animal; sufficiency of food, water, shelter; current on shots; and things necessary to protect your premises and the neighbors. If the animal urinates on the carpet or scratches up the walls, the tenant is liable. If the animal barks all night and keeps the neighbors awake, you can demand the tenant take measures to prevent the from happening. That all assumes you have strong lease clauses or addendum clauses related to ANIMALS, not just to pet. Remember, you have at least four goals when drafting such language:
- Protect your property
- Protect neighbors, plus you and your vendors, from aggressive animals (even over-friendly, but non-threatening animals)
- Prevent "over-sharing" of sounds, smells, allergens, etc.
- Ensure humane treatment of the animal.
If you will put these safeguards in place, and enforce your requirements, you should have no reason to regret having a tenant with an emotional support animal or a service dog.
- Wholesaler · Vineland, NJ · Member since 2018 · 23 posts · 3 votes8y@Todd Powell I would definitely ask for evidence for this therapy animal. If they do have proof then I would have the tenant seek insurance for the pet just in case damage is done to the property.
- Member since 2018 · 1 post · 0 votes8y
My understanding is that there is a difference between an emotional support (therapy) dog and a service dog. Anyone can get an emotional support certificate online, but the service dogs are specifically trained. I would ask the attorney you work with if BOTH are protected. Many times, the service animal is allowed to go everywhere without question but the therapy animal is not.
- Rental Property Investor · Corvallis, OR · Member since 2018 · 840 posts · 1k+ votes8y
@Denise Evans What a thoughtful and accurate post! Thanks for sharing this well drafted approach
- Rental Property Investor · Miami, FL · Member since 2018 · 2 posts · 1 vote8y@Todd Powell I’m brand new to REI, so I don’t know how useful this is, but it’s very common nowadays to use the “therapy” or “emotional support” animal. I’m not sure how that translates to rentals, be it security deposits or otherwise, but I would love to find out.
- Residential Real Estate Broker · Paia, HI · Member since 2016 · 479 posts · 311 votes8y
People with service animals are a protected class by the Fair Housing Act, a federal law. Applies in all states. There's nothing you can do about it.
I had a friend sue a homeowner's association over this, and not only did he win, he got damages. Don't fight it folks.
- JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes8y
@Brittany Edwards, "therapy" or "emotional support" animals are the same thing. They are what is legally defined as an "assistance animal" under the Fair Housing laws. See my forum comment above about what that means to security deposits and other such requirements.
A request by a tenant or tenant prospect for an assistance animal is technically a "reasonable accommodation" request under the Fair Housing laws that a landlord waive its rule prohibiting pets, or requiring a security deposit or other such monetary requirement as might exist for pets. One cannot make a reasonable accommodation request to waive rules that protect the property against damage, protect the neighbors against unwelcome intrusions, or protect visitors from attack or the fear of attack by animals.
THERE IS NO WAY AROUND the requirement that you allow someone to have an assistance animal, unless you fall within one of the Fair Housing exceptions! They are listed below.
Do not believe Internet gossip and forum rants by trolls or people who don't know what they are talking about. The penalty for a first time Fair Housing complaint is $16,000, plus it can include monetary damages, attorney fees, education and advertising requirements. You are not opposed to animals, after all, you are opposed to the damage and problems animals can cause. You are allowed to control those. THAT is what you should focus on.
Here are the exceptions for when federal Fair Housing laws do not apply. Alabama laws are identical to the federal ones. Other states might have fewer exceptions.
1. Fair Housing laws do not apply to landlords who own a building with four or fewer units and who live in one of them as their principal residence. Obviously, if the building is owned by a corporation, LLC, trust, etc., then it is legally impossible for the "owner" to live in one of the units. The sole shareholder or a member of the LLC might live in one of the units, but they are not the owner. As a result, there would be NO exception allowed if the property were owned by a separate legal entity.
2. Fair Housing Act does not apply to single family housing owned by a private individual (not a corporation, etc.) and rented without the use of a real estate agent, but ONLY if the owner does not own more than three such SFRs at any time. You cannot title the property in separate companies, because the exception applies only to individuals.
3. BEWARE: The Civil Rights Act of 1866 prohibits discrimination on the basis of race. Laws passed 100 years later had the exceptions. As a result, there is NO EXCEPTION for race-based discrimination. Nobody is allowed to discriminate in housing based on race, ever.
- Rental Property Investor · Corvallis, OR · Member since 2018 · 840 posts · 1k+ votes8y
@Denise Evans how do you know so much about this topic? You bring a lot perspective here, and thank you
- JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes8y
Thanks @Todd Powell. I taught Principles of Real Estate in the Department of Economics, Finance and Legal Studies at the University of Alabama College of Commerce and Business Administration for several years as an adjunct professor. Fair Housing was one of the topics. I also teach classes on Fair Housing for landlords and for attorneys, and I have just been hired by Kaplan/Dearborn to write the update for their Fair Housing 6-hour online course. Thank you for your kind words!
- Rental Property Investor · Corvallis, OR · Member since 2018 · 840 posts · 1k+ votes8y
@Denise Evans It was clear and decisive that you had a full grasp of this and very detailed knowledge! Thanks for sharing! Many obviously don't fully understand the laws.
I want to weigh in on this from the other angle. My daughter has a service dog. It often goes to stores, restaurants and pretty much anywhere with her. It also wears a vest at those times just to keep the questions down and keep people from petting it. But, in our state, and actually a lot of states, a vest isn't required, and obviously doesn't apply to a rental.
Also, there's no certification for service animals. There's also no requirement for any sort of official training by anyone other than the owner - which is great because that training is $30k or more. I know.
The only time I was asked for a "certification" on our dog was a vacation rental that I gave a head's-up to that we would be bringing a service animal. Not only that, but the manager of the rental was rude about it. I ended up having to quote her the laws and threaten to sue to get her to stop arguing with me. And I WOULD have filed an ADA complaint with the Department of Justice, a complaint with the local real estate commission, and a private lawsuit as well because I was already into the rental prepaid to $4000.
I'm just glad I'm there now to protect my daughter from that kind of harassment. Due to her disabilities, I fear she won't be able to mentally handle it well when she's off on her own.
Yes, people are abusing the law. At the same time why should my daughter have to produce "papers" to prove she's disabled? That's embarrassing, demeaning and deplorable, especially to someone who is already so self-conscious.
As a landlord I'm with you on the hatred of people who abuse this. At the same time, please follow the law and be consistent.
You can ask "Is it a service dog" (Therapy or emotional support animal is not a recognized class to my knowledge, but Denise sounds like she knows more than me)
You can ask "What task is the dog/animal trained to do?" - However you CANNOT ask what the disability is. Service animals in most states must be trained to perform a specific task. Even a PTSD dog isn't just an emotional support dog.
You CANNOT ask that the dog perform any task for you.
Also in most states, if the dog damages property, has barking complaints, etc. it does not qualify for special protection. Speak to an attorney about that though. IANAL.- 8yJames WilcoxBusiness MemberReal Estate Agent · Bowling Green KY ~ Lexington, KY · Member since 2015 · 1k+ posts · 603 votes
@Todd Powell Sorry you are having trouble with this. Yes, there are many individuals now that are taking advantage of the gray in assistance animals and that is a shame. I will give you a quick answer with sources to educate you on this.
There are 3 types of Assistance Animals and they all provide assistance, or performs tasks for the benefit of a person with a disability, or provide emotional support that can alleviate one or more identified symptoms or effects of a person's disability. They are listed below and each has different "rights" to your property.
- Service Animal (dogs): a true service animal is a dog trained to provide assistance to the owner who has a disability.
- ESA or Companion Animal (any animal but commonly are dogs or cats): ESA animals do not need to go through special training and an individual can qualify for an emotional support animal with a doctor’s approval. ESA animals are commonly referred to as “service animals” though that is not the case. Although the ADA treats companion animals differently than service animals, the Federal Fair Housing laws treat them similarly. Companion animals do qualify for reasonable accommodations under the Fair Housing Act and enforced by HUD. Certificates presented do not replace an ESA letter and should only be used in conjunction with an ESA letter.
- Therapy Animal (anything but commonly dogs): do not require special training (may have some training certification though). Therapy pets are usually the personal pets of their handlers. They work as a team with their handler to provide a variety of services to others. Therapy animals do not have special access and must be invited in. A fee can be charged for granting access to a therapy dog.
Here is a simple chart with what/rights these animals have.
http://www.loveonaleash.org/images/pet-types.jpg
Important Info:
- The ADA does not recognize any online certifications for assistance animals. Likewise, you should not accept either. Online only certifications are a scam on property owners and tenants. I encourage you to get some verification from a local medical professional.
- Legit assistance animal owners will likely (not always) be upfront about their animal. Why not? They are doing nothing wrong.
- The terms service, ESA, therapy are often used interchangeably. Make sure you clarify what type of assistance animal you could be dealing with.
- If your tenant says they have a service animal rabbit (not possible, notice wording) then that is a red flag. If your tenant does not know what type of assistance animal they have, then you should investigate further.
- Service animals are subject to local dog licensing and registration requirements.
I do not know Oregon law nor am I an attorney but I doubt you have no rights as a property owner when it comes to your situation. In my state of KY, we just passed a law that makes it a criminal offense to knowingly providing false information or documents in an attempt to obtain an Assistance Animal in housing. It is a criminal violation punishable by a fine of up to $1,000.00.
Ask a real state specific attorney or even your local fair housing authority contact on what the law states about your rights. Do not ask other people or your tenants for that info. For example, our attorney is our states only landlord specific attorney. He teaches classes on the subject of fair housing and deals only in landlord specific cases.
Most of the above info is straight from the ADA or HUD website. Read all you can on the subject on those .gov websites and you will feel more confident in your rights. I would give that podcast episode mentioned a listen as well. I think BP podcast has brought that subject up a couple of times as well. Look for any attorney ones.
Read the below link!
REI James w/ eXp Realty54 Reviews Been reading this thread with interest and commented about our policies. I'm curious though, we once had someone come to see one of our units (in a building we accept pets) and they said they had a therapy animal. It occurred to me while reading this 'Why wasn't the animal with them?' Curious on others' thoughts and @Denise Evans too please.
I guess asking the question what is the animal trained to do would have provided some insight or maybe not. I didn't bother at the time since there were some other red flags and the people never applied anyway. We stress to all prospective applicants multiple times that we verify everything on applications (that in itself relates to one of those bizarre landlord stories).
- JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes8y
@Jerry N., an emotional support animal does not necessarily have to be with the person at all times. "A" might have a dog that provides companionship and love and interaction, thereby staving off suicidal tendencies. "B" might have a cat who does tricks, and thinking about the cat during very stressful work days might be the only thing that allows Smith to decompress and function normally. "C" might have severe phobias that keep her from sleeping at night, but a large german shepherd helps her feel safe and allows her to sleep. There are many reasons people need emotional support animals. I heard a terrifying statistic the other day about the percentage of college freshman who are on prescription drugs for anxiety. If I could get them off the drugs and onto an emotional support animals, I would.
Thank you for the insights and examples @Denise Evans.
@Wesley W. Don't recall exactly how the prospective tenant referred to the animal, only that is was not a service animal. We've been trained for that anytime we've gotten that inquiry in a building where we don't accept pets. The question was more if anyone thought this was one of the 'scammers' or those with legitimate needs.
- JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes8y
@Jerry N. and @Wesley W., Alabama passed legislation this year making it a Class C misdemeanor for someone to scam a landlord about the need for an assistance or service animal. Other states might have similar legislation.
Also, the Alabama Residential Landlord Tenant Act also contains a provision making it a non-curable default if someone lies on their rental application or their rental agreement. The stated need for a service or assistance animal should be made part of the rental application or rental agreement, which lays the groundwork for the non-curable default and subsequent eviction of a tenant who lies. If a tenant claims a need AFTER the lease has been signed, then an amended lease should incorporate that representation. Because Alabama's landlord tenant law was modified from a nationwide uniform landlord tenant law, then it is highly likely that other states also have similar language.
For those who do not understand about uniform laws, there is something called the Uniform Laws Commissioners that write statutes in various areas of the law. Examples include landlord/tenant law, interstate enforcement of child support, corporations, etc. The commissioners are typically practicing attorneys and scholars in those areas of the law. Once they write a uniform law, it is then available as a starting point for states who want to do something similar. They do not have to write their own laws, they can start with a uniform law and then modify it to reflect local conditions or desires. The legislature then passes it, and it becomes that state's version of the uniform law. Many (but not all) states have passed their own versions of the Uniform Residential Landlord Tenant Act.
- Rental Property Investor · Corvallis, OR · Member since 2018 · 840 posts · 1k+ votes8y@Denise Evans where do I find Oregon Regs do you know ?
- JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes8y
- Rental Property Investor · Salem, OR · Member since 2017 · 696 posts · 660 votes8y
@Todd Powell I know this has already been mentioned, and you know Oregon well, but make sure to read up on the current OR rules. Essentially, anyone can provide a letter approving anything..in Oregon, as far as I know, they could have a flipping Narwhale if they wanted one..I still require the letter, even if their pet dolphin wrote it for them. I put it in my file in case there are ever claims, insurance issues etc. https://droregon.org/know-rights-service-animals-r... is a good source for a summary. Sometimes when you ask for this (remember it is illegal to ask WHY they need one, we tell them DO NOT tell us why you need one, just that we need something for our file that it is a service animal. About 25% of the time they never reply back. The rest of the time they provide the info.
Of course, rents will have to increase across the board to accommodate for this and I hold everyone to a strict damage requirement, so if there is ANY damage it is coming out of deposits, and bi-annual or more frequent inspections (also good times to do routine maintenance.) People taking advantage of this are unfortunate, but it is the world we live in. Essentially, assume everyone has pets, use vinyl plank flooring and price rents accordingly.
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