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Re: companion animals - Landlord Forum thread 230109

Re: companion animals by Bryan (Ia) on August 3, 2011 @13:55

                              
There is some ambiguity, the DOJ has removed emotional support animals but HUD has not. ( http://www.hud.gov/offices/fheo/FINALRULE/Pet_Ownership_Final_Rule.pdf )

Interestingly, from what I've read, those animals are only protected in HUD financed housing. Further research would be required on this.

You can find an example letter that the Dr. should have followed here: http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_7399.doc If the Doc didn't follow this format it does not make it invalid, but all the elements should still be there. ESPECIALLY the one that says he is certifying that the child meets the requirements of being disabled according to the ADA.

You are entitled to copy of that letter for your records.

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wrong link by Bryan (Ia) on August 3, 2011 @13:58 [ Reply ]
My bad...grabbed to wrong link for my first link...it should have been http://www.hud.gov/local/pa/working/mfnews11may.pdf
Re: companion animals by Kevin Bone (Utah) on January 18, 2014 @17:25 [ Reply ]
Your understanding is mistaken. What happened is that in housing which receives no HUD funding or benefits, the state's policy on companion animals can govern. The state's policy has to support the federal policy which, as you know, allows companion animals, working animals and such.
As a landlord you are not allowed to ask what the disability might be or vary the lease in any way from what it would be if the animal were not there. In fact, as far as Fair Housing is concerned, the animal isn't there.
This does not mean the end of the world. When others ask if they can have a dog ask, "As a pet?" If they say "yes" then it would not be a companion animal and you can invoke your "No Pets" policy.
Animals have been remarkable in treating people who need their support. Doctors are very conservative about writing a letter prescribing a companion animal as they are about prescribing oxycontin: they are constantly reviewed.
Any damage caused by the companion animal is considered as being caused by the tenant The tenant is also responsible for nuisance barking (defined by the law, check your local definition) or harm caused to another person, animal or property.

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