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Therapy pet - Landlord Forum thread 345240

Therapy pet by Donald (CA) on May 27, 2016 @06:22

                              
Do I have to accept a therapy pet? Applicants said I HAD to accept them.

My rental has always been NO PETS and NO SMOKING.

It has new carpets and other tenants in the multi unit are allergic.
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Re: Therapy pet by Garry (Iowa) on May 27, 2016 @11:46 [ Reply ]
Yes, you have to accept a "TRUE" therapy pet. The prospective Ts have to provide you, (or you can ask for) a letter from a licensed medical doctor, phycologist,(sp) psycyitrist,(sp) etc. that says they need a therapy pet. You cannot ask for a reason WHY they need one. The letter needs to be on their own stationary, and a phone # and address so can look the place up to see if its a real place or not. You CAN require that the therapy animal be friendly, house broken, and have all required shots up to date. This is all in either the Civil Rights code, or the Fair Housing Laws.
Re: Therapy pet by Micah on May 27, 2016 @12:35 [ Reply ]
You can always reject them on other grounds. Just review your list of requirements and go from there. Always stay away from fair housing issue... Money is the best way to reject someone. Not enough income, low credit score, too much debt, etc. I don't usually tell people that they have been rejected. I tell people that I will be contacting the person who qualifies. If someone complains I just explain that I am not calling 50 people to tell them they have been rejected.
Re: Therapy pet by Doris (OH) on May 27, 2016 @16:54 [ Reply ]
I am not sure of the term therapy pet, I thought that usually referred to animals who were used as therapy for people outside the house like dog taken to nursing home. I also thought the requirements to accept animals were those needed for service or emotional support of people living in the rental property. What did they actually say this pet did, was it used for a tenant?
Re: Therapy pet by Anonymous (CA) on May 27, 2016 @23:52 [ Reply ]
In California, Emotional Support Animals fall under FEHA. A plaintiff does not have to prove intent. "Find another reason" backfires on defendants on a regular basis. These cases are expensive and difficult to defend, and your insurance most likely will not cover you.

To get a taste of what this is like, Google "anatomy of a fair housing case a primer on litigating a housing discrimination claim". Please keep in mind this was a MCLE credit course for attorneys, given by the attorneys who prosecuted these cases for DFEH. It is also seven years our of date, in an area of the law that changes constantly.
Re: Therapy pet by MrDan (GA) on May 30, 2016 @23:04 [ Reply ]
AS I always point out "It's never about the animal, it's about a person with a disability"

Only a person with a disability may request to have an'assistance animal'. If there is no person with a disability, then there is no need for an assistance animal.

If the person making a request to have an assistance animal is disabled, then the landlord may request information from a health provider that states that the person is disabled and that there is a need for an assistance animal.

Your "No Pets" restriction does not apply to assistance animals under the Fair Housing Act.

New carpets is not a reason to violate the law. And the fact that other tenants might be allergic is not a valid reason to deny a request. Being allergic is not a condition that is protected by the FHA, so it's also an invalid reason to deny.

If you do not understand how to handle reasonable accommodations under the FHA, then you need to educate yourself asap. Violations can reach into the tens of thousands of dollars.
Re: Therapy pet by Carrie (cleveland) on June 2, 2016 @08:22 [ Reply ]
Ihave gotten this question numerous times but have NEVER had someone actually apply and follow through. If I'm asked "do you accept a therapy dog" I say "sure , you need to ask for reasonable accomidation". If they are FOR REAL they will know what you mean.

I'm really more afraid that its a tester asking this and not a real disabled person.

the reasonable accomidation letter would be from their health care provider and it would describe what the animal DOES for the person. You won't be told what the disablilty is.

I asked my attorney what would I tell the other tenants in an apt building about this dog I may potentially have to take and he said "tell them you are required by law to accept the dog"

In general. all of our properties are in seperate LLC's. I am an employee. I'm a nobody, I paint, clean, I don't make any decisions. So my blanket answer to any question is send it in writing , I'll ask. This saves you from ever being backed in a corner and also prevents miscommunications. Applicant ask about something, I don't know, I just show the place, application is free go ahead and apply. They ask if owner will replace something, "send a leter with application asking for it", 10 people for a one bedroom- here's an aplication it's free go ahead and apply. In general I never tell people --NO you can't live here . If they are a HOME tester you will find your self in a huge mess.

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