All Forum Posts by: Elliot Terekhin

@Elliot Terekhin

Someone had mentioned the difference between the ADA and Fair Housing Act. I will concede that the FHA is more vague about the issue. It does seem to say that the letter must be from a mental health doctor (physiatrist or phycologist) stating that the person has a mental disability and the animal treats the problem. The animal must be singularly identities and be identifiable.

My point is one doesn’t have to just roll over and play dead if someone hands you this stunt while occupying your property. It’s not a get out of jail free care for a tenant. You can even include this in your application that you must be informed in advance of signing the lease agreement.

Get your own legal advice in your state.

@Jermaine Chad Ingram

The key to all this is that per the ADA for an animal to be covered, thus protected it must be trained to perform a task that the patient can’t do on their own. Therein the need for the service animal. If it meets those requirements then it can be classified a service animal. BTW, dogs and miniature horses are the only animals approved to be a service animal under the ADA.

So, if it can’t meet the requirements to be a “Service Animal” then it is not required or covered by the ADA.

I have read this many times, and it seems abundantly clear it has to not only qualify, but be able to demonstrate it can do the tasks claimed. Also, this means only a dog or miniature horse is covered per the ADA law. No cats, untrained dogs, ferrets, snakes, hamsters, pigs, etc.

Straight off the federal government website:

https://www.ada.gov/regs2010/service_animal_qa.html

Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?

A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws.

State and local laws seems the issue to me. No legal advice given.

I know I’m new to this and I might be speaking out of turn but it’s weird that landlords see it as a right that they have to charge people for pets. I see it as all pets as emotional support animals.

all animals are service animals why else would people have them

I understand that people with psychological problems have a special carveout, but be real, you should be building your apartments to withstand the fact that humans have pets.

You can also always charge a non refundable move-in fee / move out fee upfront for all of your tenants and if a dog / child / drunk uncle tears up the apartment use that to brace against the cost.

Full disclosure I have five dogs that I found in the streets. I’m a sucker!