Current tenant acquires pit bull as emotional support animal

[Steve Pickenpaugh]

Hypothetical question. I am outlining my tenant rental policy on animals and came across some discussion of emotional support animals. The law is clear that you have to allow it and most suggest dealing with it by screening them out for other reasons before accepting them as a tenant.

My hypothetical question is what if you have an existing tenant that acquires a "dangerous" emotional support animal ? Just deal with it until lease expires or do landlords have any recourse?

Thanks in advance for your time.

[Marcia Maynard]

Establish a clear policy and procedure about animals. We see more people trying to get their pets into housing units under false pretenses these days. Especially as the internet hustlers encourage people with false information, take their money for "certifying" their animal and vouching for their disability. We don't accept the certificates that people obtain via the internet or "doctors" that qualify a person as having a disability sight unseen.  Know the laws better than your tenants do. Be cautious and don't make any statements that could have a chilling affect or discriminate against a person with a real disability and a real service/assistance animal.

We always tell people "We welcome qualified service/assistance animals for those with a qualified disability." The word "qualified" stops most of the fakers in their tracks.  Also, "We have an accommodation process in place. If you have a disability and would like an accommodation for that disability, we need you to request the accommodation in advance, in writing. False or misleading information will result in denial."

If the person does have a qualified disability and an animal that meets the standards for being a service/assistance animal... specific to that disability... then we have no problem approving them. However, they must also take responsibility for the animal's care and we require them to sign an agreement to that effect.

I've worked on the advisory board for a local disability rights organization and used to be the non-discrimination compliance officer for a large medical center. People with real disabilities in need of reasonable accommodations are being hurt by vague laws, misinterpretation of the law, and misrepresentation by those who don't have disabilities trying to get their pets into public places and housing under false pretenses. Unfortunately we all need to tread carefully when dealing with this new reality.

Here's our Service/Assistance Animal Agreement:

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SERVICE/ASSISTANCE ANIMAL AGREEMENT

(Addendum to Rental Agreement)

The Month-To-Month Rental Agreement (the “Agreement”) dated_______________________ between __________________________________________________________________________, as Landlord and ________________________________________________________________________, as Tenant of real property located at _______________________________________________________, is hereby amended to include the following terms and conditions:

The rental agreement specifically prohibits keeping pets and animals without Landlord permission; Tenant agrees to follow these terms and conditions in exchange for permission to keep a specific animal:

Conditions for keeping a service animal [tenant must initial]:

_____ Tenant attests that he/she has a confirmed disability as documented by a qualified professional.

_____ Tenant attests this specific service/assistance animal provides necessary service/assistance specific to Tenant’s disability.

Name of animal: ______________________________________________________________________

Description of animal: ___________________________________________________________________________________________________________________________________ (type, breed, color, age)

Veterinarian: _________________________________________________________________________

Emergency Caretaker: __________________________________________________________________

Tenant agrees to:

1.Provide proper care for the animal in accordance with veterinary recommendations or ASPCA (American Society for the Prevention of Cruelty to Animals) guidelines.See www.aspca.org.

2.Not leave the animal unattended for any unreasonable periods of time.

3.Adhere to local ordinances, including leash, vaccination, and tag/licensing, requirements.

4.Clean up after the animal and dispose of animal waste properly and quickly.

5.Not leave animal food or water outside the dwelling, as it could attract other animals.

6.Keep the animal from being noisy, aggressive, or from causing any annoyance or discomfort to others.

7.Immediately remedy any complaints that arise from animal behavior.

8.Immediately pay for any damage, loss, or expense caused to others by the animal.

9.Provide animal with regular health care, to include inoculations as recommended by a veterinarian.

10.Spay or neuter the animal when it becomes of age to do so.

11.Arrange for an emergency caretaker for the animal.

12.Maintain adequate insurance to cover claims resulting from damages or injury caused by the animal.

Tenant agrees to indemnify, hold harmless and defend Landlord against all liability, judgments, expenses (including attorney fees), or claims by third parties for any injury to any person or damage to property caused by Tenant’s animal.

Landlord reserves the right to revoke permission to keep the animal should Tenant break this agreement or provide false or misleading information.

Landlord ___________________________________________________Date __________

Tenant______________________________________________________Date __________

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