how do you avoid bogus support animals?

Question

I have a condo for rent in an association that has a no pet policy in the bylaws, unfortunately it doesn't seem to be enough against the Fair Housing Act. I had someone look at our 3rd floor condo, when I told them no pets, they replied I have a 10 year old dog that can't get around. "I'm getting him registered Tuesday as an emotional support animal." I asked how he would do with all the stairs, the answer "I'm look at getting indoor potty grass" UGH! story shot - I'm looking for legal hoops to discourage this. Here are some of my ideas, what do you do?

* Notarized letter from doctor prescribing an emotional support animal

* Vet records with current vacations

*County certified dog registration - (required by law in our county)

* Notarized letter from doctor prescribing an emotional support animal

* Vet records with current vacations

*County certified dog registration - (required by law in our county)

Michele Fischer · Answer

With emotional support pets you cannot charge a higher depost, or any pet deposit.  You have to play by the rules, you don't want to be the one someone decides to go after.

Smile sweetly, tell them you love pets and will work with them but the process it to fill out this form.  Always be agreeable.

If you are lucky they will decide the form is too much work.  Until you get it completed in full they are not an application.

If you have two otherwise equal applicants you cannot use the pet as a deciding factor.  Be sure you are not implying in any way that the pet is part of your screening process.  You can still require the applicant to answer questions about, provide a photo, and/or meet the pet as part of the application process.  They are making you work harder, make them work harder back, but apply your policies consistently.

FORM TO REQUEST AN ASSISTANCE ANIMAL

We are committed to granting reasonable accommodations when necessary to afford persons with disabilities the equal opportunity to use and enjoy our rental properties.

Under the Fair Housing Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities.  Reasonable accommodation may include waiving or varying pet polices and fees to allow an Assistance Animal.  An Assistance Animal is an animal that does work or performs tasks for the benefit of a person with a disability, or provides emotional support or other assistance that alleviates one or more symptom or effects of a person’s disability.

Please complete this form completely and return it to us.  All information will be kept confidential, except as otherwise required by law.

Today’s Date: _______________________

Name of person with disability requesting accommodation: _____________________________

What is the species of animal? __________________________

Provide the name and physical description (size, color, weight, license) of the animal:

_______________________________________________________________________________

Does the animal perform work or do tasks because of the disability? _____________

If Yes, please provide a statement from a health or social service professional indicating that you have a disability and explaining how the animal is able to do work or perform tasks that alleviate one or more symptoms or effects of your disability.

If No, please provide a statement from a health or social service professional indicating that you have a disability and how the animal alleviates the symptoms or effects.

Please attach statement with any additional information and contract information for the professional completing the statement.

_______________________________________   _______________________

Signature of Person Making Request  Date

_______________________________________   _______________________

Signature of Person with Disability  Date

Nathan Gesner · Answer

Russell, it probably depends on your market. Most emotional support animals are registered to lower-income tenants and most of them are under 30. In 1940 a 23-year-old had seen untold horrors of war yet somehow they managed to make it through life without support animals. Now a 23-year-old needs a support animal in their home to survive the horrors of every-day life in the safest, most advanced nation in history. But I digress.

Russell Brazil · Answer

When I read these forums, youd think there was an army of people out there with these fake service animals. Ive never encounter one once, nor have I heard that any of my other landlords friends have. Do we just not have them in DC?

Mary M. · Answer

I just beleive the most qualified is such wheter or not they have animals.

I am not looking to get sued and being a test case. For those that publically state they choose other tenants i honestly hope you never get sued. You would have to prove that other tenants were better qualified. And if the applicant with a service animal is the best applicant ( highest credit score, highest income etc) you are opening yourself up to a fat lawsuit.

And as for animal damage - that sucks. But that can happen with non service animals too. Just be sure to get large deposits as a rule.

Dennis M. · Answer

Accept their applications regardless of that . Pick someone else  . Send out letter stating you regret to say you found someone more qualified for the unit - never mention their mutt

Thomas S. · Answer

Avoiding having to accept animals is as simple as setting your screening standards and choose the most qualified. If you do not want animals then the most qualified must be one that does not have animals. There is a solution to every problem but you have to want it.

It's not rocket science just fundamental screening. The only reason landlords have a problem is because they are afraid of the boogie man. When you stop being afraid the solutions are simple.

Here is the secret. I advertise no pets, when they say they have a service or emotional support animal I always say no problem they are more than welcome. I continue taking applications and as soon as I find the most qualified I let everyone else know the unit is taken.

Funny but it is never the one with the animal.

Mary M. · Answer

I have learned that it is easier/bettrr to allow animals and get a fat refundable deposit. This has alleviated most issues with support animals.

For those that have them, I accept a written note from a provider.

The folks that are going to bend the rules will bend the rules. I just try to protect myself as much as possible, have good rapport with my tenants and a decent cash reserve.

Amanda Dallman · Answer

Thank you Everyone for the support here! @Jay Hinrichs, you are right a notary is not appropriate here, and thinking back I can see how it might put me in a worse situation. I wasn't thinking straight and a little freaked out about the 10 year old "emotional support" dog that the tenant was going to train to use a pee pee pad. At the end of the day I asked the tenant to provide a letter from a health care provider, king county registration, and documentation form the vet show the animal was current on shots. I never heard back for them. At the same time this really motivated me to do a marketing blitz on the property. BINGO! I got a ton of response, and have signed a lease with a very qualified family. I truly appreciate  everyone time and feedback!

Cheers and here to the next project!

Thomas S. · Answer

"My guess is your rules there are different than here"

Our rules are very similar. Here or there the way I screen and select tenants is perfectly legal. In most jurisdictions landlords are permitted to chooses the  most qualified ignoring the fact that someone may have a service animal. Having a service animal does not allow them special treatment in regards to screening aside from the fact that you may not reject based only on the animal. It does not mean you must choose a applicant with a service animal.

There is no risk when it this way as it is perfectly legal to choose the most qualified.

Some jurisdictions may require landlords to select the first qualified, although more difficult there are  legal ways around that as well.

Heather Calzada · Answer

@Amanda Dallman

Hi Amanda, What do you mean by a notarized letter? Do you mean having a notary come to the clinic? Or the patient takes the signed letter to a notary? Providers do not notarize anything in the clinic and I’m not sure if legally you can require that. You could probably ask for the original or hand-signed though.

I agree that if someone is very motivated they will gather whatever documents you ask for.

Good luck!

Heather

how do you avoid bogus support animals?

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