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Service / assistance / support animals - Landlord Forum thread 355436

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Service / assistance / support animals by Anonymous on December 24, 2017 @13:38

In nyc / Nys how can one deal with prospective tenant who claims their animal is a service, support, assistance animal but is a breed that both the tenants insurance co and the Ll insurance company will not cover under domestic animal liability ??

I require all tenants to carry renters insurance. All insurance company's seem to be moving in the direction to not putting anything in writing about domestic animal liability coverage beyond the few that will state excluded breeds.

This emotional support / companion animal stuff is really starting to get out of hand. Last plane I was on had four of these dogs with their coach passenger owners,.....including one that went for several walks up and down the isle with its owner,......including a trip to the lab.

Was that trip for the owner,....the dog,....or both ???
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Re: Service / assistance / support animals by Anonymous on December 24, 2017 @13:40 [ Reply ]
To the lavatory,......not the laboratory
Re: Service / assistance / support animals by Stephen (WA - Washington) on December 26, 2017 @14:20 [ Reply ]
I believe you may be blaming the wrong ones when looking at the conflict between insurance companies and the Federal requirement that we allow a reasonable accommodation for a disabled person. To me, the problem lies with the insurance companies. Perhaps you should talk with the state insurance commissioner's office.
Re: Service / assistance / support animals by Doug on December 29, 2017 @17:24 [ Reply ]
You're probably going to have to ask an attorney. Now it gets interesting. It may be different if you require all pet owners to carry liability insurance for their pets or not (as a note, such insurance should name the property owner and their agents as additional insured).
Re: Service / assistance / support animals by Anonymous on January 5, 2018 @15:01 [ Reply ]

How did this person request reasonable accommodation?
Has this person even submitted an application?

You may be jumping the gun with this worry if the person hasn't even submitted an application.

Think about what reasonable accomidation means. this person has to make a case to you in writing why you should bend your rules for them. I have had numerous request for this. I never end up here because no one has ever formally requested that I provide reasonable accommodation. This is not a verbal conversation. My stance is - these are my rules you prove to me that I must bend them for you- I should accommodate your dog and here is proof of why.

If the above is the case then:
You have provided reasonable accommodation by agreeing the person can house a emotional support animal in a otherwise no animal unit or without paying a fee. I think it could be argued that it is not reasonable accommodation for a property owner be required house an animal that insurance companies deem is too much risk to cover for liability. It's up to your applicant to fight with their insurance company for reasonable accommodation to insure their supposed ESA. From what I understand you said sure bring your dog but you must insure your dog. It's not your fault they picked a Pit Bull.

This person will have to go through the effort to sue you. I'm betting if you deny based on no insurance and refuse to engage any further in this debate that they will go away.

And if this person hasn't even submitted an application then.....

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