Re: SERVICE ANIMALS, THERAPY ANIMAL, ESA - Landlord Forum thread 352817

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

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!

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Re: SERVICE ANIMALS, THERAPY ANIMAL, ESA by Anonymous on June 14, 2017 @08:58	[ Reply ]

Your posting does not answer the question that was asked?