Oh, you're going to "love" this...your Pet Policy as a landlord and owner goes out the window when a tenant claims to have a trained service animal or an emotional support animal. And, to make matters even worse, you're allowed to ask ONLY these two verification questions:
American Disability Act regarding Service Animals:
1. "Is this a service animal that is required because of a disability?"
2. "What task has the dog been trained to perform."
Fair Housing Act regarding Emotional Support Animals:
1. "Does the person seeking to use the live with the animal have a disability?"
2. "Does the person making the request have a disability-related need for an assistance animal?"
You are not allowed to ask "what's wrong with you?" You can only ask about the need for a service animal, which is legally considered an assisted device - just as a cane or walker are classified. And, the ADA and FHA supercede state laws and local ordinances.
You are not allowed to ask that the animal demonstrate the support task.
Pet Fees/Deposits. "Service and assistance animals are not technically pets and owners do not have to pay pet fees. The landlord, however, can charge a security deposit (but not a separate pet deposit or larger one because of the pet) and may still seek money from the tenant if there is any damage caused by the animal to the home." You may not increase the rent for the pet.
Registry. There is not one. The pet does not have to be registered as a service or assistance pet. For emotional support pets, a letter from a physician can be required - but these are available for online purchase for $99.
Bottom line: If a tenant claims to have a disability requiring a service animal (considered only to be dogs, or small ponies/horses per ADA), you have no choice to allow the animal and you may not charge additional rent or deposit. For emotional support pets (which could be a hamster...no limit on pet type), the tenant would need to provide an order from a doctor, psychologist, or other mental health professional - and you have to "reasonably" accommodate.
And, that's the way it is...failure to comply includes imprisonment and fines.
Fun, huh?
