SERVICE ANIMALS, THERAPY ANIMAL, ESA - Landlord Forum thread 352815

SERVICE ANIMALS, THERAPY ANIMAL, ESA by JOHN (NY) on June 13, 2017 @11:57

According to the FHA, it is illegal to ask for a pet security deposit if your new tenant needs a service animal ( dog, cat or whatever)

Landlord and housing provider may require an individual to provide the DOCUMENTATION of the tenant disability and his need for the animal :letter from a doctor or a therapist describing the disability and explaining how the animal helps the individual.

Can we ask for a valide dog license issued by the Department of Health, and the Indentification Tag ?

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Re: SERVICE ANIMALS, THERAPY ANIMAL, ESA by Anonymous on June 13, 2017 @16:10	[ Reply ]

Yes, a landlord can require that the service, therapy, ESA, etc. animal, be licensed if you require it of all pets and your city/county issues such license. Many city/county governments will issue a license for a service dog at no cost to the owner. You cannot deny such an animal that dose not have a license, but must allow time for the tenant to comply with your written pet policy.

Re: SERVICE ANIMALS, THERAPY ANIMAL, ESA by Anonymous on June 13, 2017 @22:45	[ Reply ]

This is a subject that confuses a lot of people. There are two federal laws covering this subject and they refer to different definitions of animals. The Americans with Disability Act (ADA) covers "Service Animals" - Dogs that have been trained and certified to perform specific tasks. The ADA definition of Service Animals doesn't include Emotional Assistance animals. The Fair Housing Act (FHA) covers "Assistance Animals" - a much broader definition that includes emotional assistance animals (e.g., pot bellied pigs). You are required to make reasonable accommodations for Assistance Animals IF your tenant meets a two part test: (1) does the person have a disability and (2) does the person need an assistance animal for the disability? If both parts are met then you must allow an Assistance Animal with a few exceptions (e.g., the animal would pose a threat to others). I personally wouldn't believe requiring a registration or ID tag to be an unreasonable request but I would check with your local HUD authority to be certain. Caution: you cannot ask for proof of disability or how the Assistance Animal helps with the disability if the disability is readily apparent. I wrote a guide to this tricky subject. Check it out for more details: http://accidentalrental.com/pet-addendum/ Good Luck!

Re: SERVICE ANIMALS, THERAPY ANIMAL, ESA

Re: SERVICE ANIMALS, THERAPY ANIMAL, ESA by Anonymous on June 14, 2017 @14:18	[ Reply ]

Why don't you try contacting your local Department of Health and asking them. I would hope they'd be knowledgeable, as you can't be the first person who needed to know.