Service Animals - Landlord Forum thread

Service Animals by Anonymous (Massachusetts) on June 25, 2012 @15:50

Does anyone know the law on Service Animals in Massachusetts? I have an open apartment a prospective tenant is interested I told them no pets/no smoking allowed in apartment, then he says I have a service animal is that allowed? I told him no but then got thinking afterwards even if I have a no pet policy in my apartment how does this work and if I have to allow a service animal how can I be assured it is legitimate?

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Re: Service Animals by The Dude (MN) on June 25, 2012 @16:02	[ Reply ]

I'm not sure of the legality of not allowing a service animal. I'm pretty sure you have to by the ADA laws. If they do need a service animal, they'll have documentation. Don't let them try to trick you into thinking they need it and they don't have any papers on it. They don't carry these papers around at all times, hence why you don't see people ask for it in the store or anything. If they are renting your place, however, they will likely have papers showing that is not a pet, but a service animal. If they don't, ask them for a reference of a doctor or someone you can personally verify they need this animal with.

Re: Service Animals by Jake on June 25, 2012 @16:18	[ Reply ]

Look closely at the application. You can always find some other reason to deny them. Here is a list. 1. not enough income 2. not enough work experience 3. no landlord references for last three residences 4. not enough rental experience 5. Credit score under 700 or more if you set it higher Is this applicant disabled. Is this a dog that performs a service for a disabled person or a "therapy animal" that is just another way of sneaking in a pet. When did America get to the point to where a significant part of the population has to get through the day by hugging a "therapy animal."

Re: Service Animals by MrDan (Georgia) on June 25, 2012 @16:51	[ Reply ]

You have already violated the law and this applicant knows it better than you. The ADA is not what applies here, but the FHA guidelines. These are two sets of laws that apply to rental property. The FHA state that you must accommindate a service animal. What you should have done was ask the applicant to provide information from the applicants health provider that the service animal is indeed a service animal. That's all you can inquire about. If so, then treat the applicant as you would any other applicant for credit and background check. You should learn the laws as to service animals, they are not classified as pets. The applicant can file a discrimination claim against you for denieing the service animal. This could be a very costly mistake on your part. Not only is it expensive to defend but win or lose, you will have a lot of paper work to do for the next three years. Pehaps, it's best to call this applicant back and follow through to see if the applicant does qualify to rent. Meanwhile learn the laws as to service animals. Mass also has its own Laws as to service animals. Maybe this can be worked out before you wind up with a complaint filed against you.