The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Emotional Support/Therapy Dogs - Landlord Forum thread 324554

Emotional Support/Therapy Dogs by Ashley (Florida) on September 16, 2014 @18:03

                              
I have a prospective tenant that has two Emotional Suppport/Therapy Dogs. I don't have an issue renting to a tenant with pets, but the tenant is claiming that I cannot charge a pet fee/deposit because she has a letter from her doctor stating that the dogs are necessary for her well being. Does anyone know if I can charge a pet fee or deposit?
[ Reply ] [ Return to forum ]

Re: Emotional Support/Therapy Dogs by Anonymous on September 16, 2014 @18:09 [ Reply ]
I would find a reason not to rent to this applicant. If she is already contesting fees and deposits, she'll continue to do so after she moves in, and be nothing but a PITA.

Good luck.
Re: Emotional Support/Therapy Dogs by Garry (Iowa) on September 16, 2014 @20:02 [ Reply ]
The prospective tenant is CORRECT that you cannot charge a fee or deposit for TRUE therapy dogs or cats. That is part of the Federal Americans With Disabilities Act. (ADA) It is the law all over the country. She must give you a copy of her letter from her doctor, and you must check it out further. The letter should be from a legitimate Dr. that you can contact from a Dr. list in the phone book. The dog itself must not be aggressive towards people, and cannot cause a noise disturbance for the neighbors. And, so far, the ADA has not set a limit on the number of therapy pets a household can have. If you accept her, put her on a M-T-M lease, until you know what kind of T she is. You may find out that she is a very good tenant, and she may stay there for years.
Re: Emotional Support/Therapy Dogs by Garry (Iowa) on September 16, 2014 @20:29 [ Reply ]
Bill and the 2 anons are giving you their opinions, but are not telling you about the Federal ADA and Fair Housing laws that Kim and I are telling you about. Tread lightly if you decide to deny her app., by finding another reason to deny her, like criminal background, credit score, income, etc. Right now, she knows more about the Fed. laws than you do, so, again, tread lightly.
What qualifies a pet as a "therapy" pet? by Lighthope on September 16, 2014 @22:33 [ Reply ]
So a tenant is claiming her pets are "therapy" pets. But what exactly is a "therapy" pet? Is it any animal that a person claims is one? Or does the law and/or Courts recognize therapy pets only if they have some kind of training/certification? Such as with seeing-eye dogs?

Lighthope

Pearls of Wisdom - "When in this world the headlines read of those whose hearts are filled with greed, who rob and steal from those who need, to right this wrong with blinding speed goes Underdog!" - Theme to Underdog
Re: Emotional Support/Therapy Dogs by Garry (Iowa) on September 17, 2014 @08:52 [ Reply ]
One clarification about emotional support animals ----- they do not need to "do" anything, or be "trained to do" anything. They just need to be warm and fuzzy, and "give love and affection", and " emotional support" to the owner, no matter how many animals it takes to do that. But as far as I know , a licensed medical Dr. or psychiatrist ,etc, must sign off on/for each one.
Re: Emotional Support/Therapy Dogs by Anonymous on September 17, 2014 @14:58 [ Reply ]
Based on the info posted above by MrDan, you are not required to take the emotional support dog or therapy dog in "no pet" housing. I would assume you are likewise not required to waive the pet fee or pet deposit or pet rent for such an animal. Only the service animal qualifies under the ADA. Check your FL state rules to see if the other types (emotional/therapy) are protected.
Re: Emotional Support/Therapy Dogs by MaineLL (Maine) on September 18, 2014 @13:18 [ Reply ]
Here's the scoop:

YOU CAN BE FINED BIG BUCKS FOR NOT ALLOWING THERAPY OR SERVICE ANIMALS.

Therapy animals fall under Fair Housing, Service animals fall under ADA. The net result is the same.

I'll repeat this: IF YOU DO NOT FOLLOW THE LAWS AND REGULATIONS REGARDING THERAPY AND/OR SERVICE ANIMALS CORRECTLY THE GOVERNMENT CAN FINE YOU BIG TIME UNDER THE FHA AND ADA REGULATIONS!

You may not charge extra deposit, a pet fee, or additional rent to have an animal. You may NOT say this is a no animal building.

You may request documentation from the prospective tenant from their medical/mental health providers regarding the need for the animal. You may not ask what the disability is.

As an aside, yes the state and federal governments have declared war on landlords. We no longer have control of our properties.

Re: Emotional Support/Therapy Dogs by cary (oh) on September 26, 2014 @11:42 [ Reply ]
I have been getting this story/request A LOT lately. I have been answering "sure we will accept your therapy dog provided that you otherwise qualify and you must request reasonable accomidation." So far, not one of these people have actually applied. I am beginning to wonder if it is some agency somehow screeening or trying to bait me.

I asked my attorney, so say, I do have to take a person with a dog in an apartment bldg where my policy is NO DOGS? What do I tell the other tenants? My NO DOG policy is very clear, the lease is also vary clear and requires initials at this part. I was told to say"I was required by law to accept the dog".

I know I can't say,"dude is crazy, has anxiety, PTSD so that's his therapy dog"

Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2023 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google