Can I ask my applicants to disclose service dog if they have one?

Question

A friend who has a rental property just told me that his rental was ruined by a mom and a daughter tenant who never mentioned they have two giant dogs when they applied for the house. He did mention in his Ad “ no pet”.

They informed him that they have two service dogs after they moved in. They rented for a year. He found out the carpet smelled so badly with the dog pee and wood floor was also damaged by the dogs after they moved out. He is facing a big repairing cost right now.

My questions is can I ask all my applicants to disclose if they have pets including service pets when they apply? Or I actually can not ask them to disclose at all by law and regulations?

My questions is can I ask all my applicants to disclose if they have pets including service pets when they apply? Or I actually can not ask them to disclose at all by law and regulations?

Nathan Gesner · Answer

All of you should consider getting away from the word "Pet" in your advertising and documents. Use the term "Animal" to ensure it captures both pets and service animals.

No animals allowed.

I also recommend you use petscreening.com which is completely free to the Landlord. You can make ALL your renters go there, even if they don't have an animal. Tenants with no animal have to read a statement that says they understand your animal policy and know they can't add an animal later on without your permission. Tenants that have a pet will fill out all the information, attach vet records and a picture, and cost $20 for the first animal and I think $10 for the second. Tenants with a service animal have to apply but can't be charged a fee. Petscreening.com knows the law and they weed out a ton of fraud. Best of all, they handle it for you so you don't have to spend the time or energy.

Tenants with animals have to renew each year. This prevents them from replacing the 10-pound Chihuahua with a 150-pound Rott.

Kenneth Garrett · Answer

@Nina Zou

You can have a no pet policy.  If they have a service dog they need to disclose it, but you will need to accept it.  You can ask for the papers verifying the service dog.  Service dogs take two years to be trained.  Don’t get scammed by some on line service where they paid $100 for the letter. Always ask for proof.

Brian Van Pelt · Answer

According to the Fair Housing Act and the Americans with Disabilities Act:

• Even if a landlord has a no pet policy in place, the law does not consider service animals as pets and therefore the service animal is exempt from such a restriction.
• Service animals are allowed anywhere a person would go, including food areas that would normally restrict an animal’s presence.
• Landlords cannot charge a pet deposit or pet fee for service animals, however the tenant is liable for any damage that the service animal may cause.
• Landlords can require written verification from the tenant’s health care provider that they are disabled but cannot ask for any specifics about the disability.
• Landlords can require written verification from the tenant’s health care provider that the service animal is needed.
• Landlords can request copies of the animal’s health records to prove the animal is in good health, parasite-free and immunized/vaccinated.
• Landlords can write warnings or even evict a tenant with a service animal if the animal is disturbing others, posing a threat to others or causing considerable damage to the property.

In other words, you can ask for appropriate paperwork concerning the tenant’s need for the service animal and to verify the animal’s health.

Eva Porter · Answer

Ok there is a LOT of false info in here. Please refer to the Americans with Disabilities Acts. Here is their guid: https://adata.org/guide/servic...

A service dog does not take 2 years to train. You do not have to even do formal training. You can train your own.  So long as that animal provides needed support for your disability it’s a service animal. You may not ask for service animal documentation. Primarily because there is no such thing. If some one gives you paper work for a service animal they just got it off the internet. We are 💯 responsibility for our service animal. If she acts up in public and I can’t get her under control quickly I have to leave. If she destroys anything, I am responsible. I do not have to disclose her when I apply for an apartment. In the past I have always done so and I have been discriminated against and not been allowed to rent even with perfect rent history and great credit every single time expect once. So no I will not disclose her next time until I sign the contract. But if she destroys anything I have to pay for it. She can’t make excessive noise or be aggressive. That could lead to my eviction. You may not ask for a dr. note of any kind. You may not ask what disability. You may ask for documentation of the health of the animal and you may ask what task she performs. That’s it.

Steve Vaughan · Answer

I ask questions in my ad.  2 main ones are How much do you smoke?  How many animals do you have?   They must reply with answers to get a reply from me.

Service animals are not pets.  No pet policy. LOL

Nina Zou · Answer

Wow. I never knew this type of website and service does exist. Will definitely save the information. Thanks for sharing.

Jill F. · Answer

Thank you for this post! Petscreening.com sounds like something I could use.

Account Closed · Answer

Tenants can't just move in service dogs.  They have to ask for a reasonable accommodation.  You can't ask them ahead of time, because it would be the same thing as asking them if they have a disability.

I suggest reading up on the emotional support dog laws.  Landlords don't need to get ripped off by tenants who abuse the law.  It's up to them to learn their rights.  Landlords have rights, too, and HUD is cracking down on tenants who abuse this law, so HUD is not the enemy of landlords.

Mike Sabes · Answer

Bona Fide service dogs will not damage your poroperty.  Bona Fide service dogs are very well trained not only to provie tasks to assist a person with a disability,  they also receive obedience traning and are well socialized.  If a dog damags your property IE: staining wood floors with urine the tennant is responsible for repairs.

Can I ask my applicants to disclose service dog if they have one?

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