Below are questions asked by rental property owners regarding Assistance, Service, and Emotional Support Animals, followed by answers provided by the law firm of Simone and Blevins.
Definitions used in this article:
Assistance animal is a term used to describe both 1) a service animal and 2) a support animal, also known as an emotional support animal.
Service animal is defined by the American Disability Association (ADA) as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.”
Support animal or emotional support animal as described by HUD is “other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.”
Q1: I own a duplex and have a strict “no pets” policy. One of my tenants made a written request for a “reasonable accommodation” to allow him to have a dog. The tenant never informed me that he is disabled. What does “reasonable accommodation” mean and how should I respond to him?
A1: Both state and federal fair housing laws require you to make reasonable accommodations to afford disabled tenants the equal right to use and enjoy your rental unit. The term “reasonable accommodation,” as defined by the U.S. Department of Housing and Urban Development (HUD), is “a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have equal opportunity to use and enjoy a dwelling, including public and common use spaces.” By requesting a reasonable accommodation, your tenant is asking you to change or make an exception to your “no pets” policy. This request does not have to be in writing and your tenant does not even have to use the term “reasonable accommodation.” If your tenant asks you to make a change to your policy or requests a reasonable accommodation, then you must engage in an “interactive process” to discuss the request with your tenant in good faith. If your tenant’s need for the support animal is not obvious, then you may request written documentation confirming the tenant is disabled and that the animal is needed because of, or in relation to, the disability. The documentation may come from a healthcare provider or other credible person. You cannot ask the tenant any questions about their disability.
Q2: I do not allow pets in my rental properties. I found out that my tenant has an unauthorized dog and told him to remove the animal. A week later, my tenant told me the dog is an emotional support animal and provided a doctor’s note requesting a reasonable accommodation. Do I have to let him keep the dog?
A2: Yes, if your tenant has a note from a medical professional that states that the tenant requires “an emotional support animal” for a condition that is considered a disability, then you must comply with this request. Remember, an “emotional support animal” is not considered a pet and must not be referred to as such in any correspondence with your tenant. Also, you may not charge “pet rent” for the animal.
Q3: I do not allow pets in my rental properties. One of my tenants brought a dog in as a service animal. I can already see that the dog is scratching the wood floors. Can I require a higher security deposit or pet rent?
A3: No, you cannot require your tenant to pay any additional rent, security deposit, or charge. Remember, the dog is not considered a pet. However, the tenant remains responsible for any damage done to the rental property by their animal.
Q4: I own an apartment complex in Imperial Beach with a “no pets” clause in my rental agreements. One of my tenants has an emotional support animal and she brought another dog into her unit. When I reminded her that no pets are allowed at the property, she told me she’s watching the dog for a friend and the dog won’t be at the property for long. I have received no documentation that the other dog is an emotional support animal. What can I do?
A4: You can serve the tenant with a notice to perform covenant or quit, demanding that the tenant remove the unauthorized dog. It does not matter that the dog is visiting, the presence of the pet is a breach of the rental agreement or lease. Consider contacting a landlord/tenant attorney prior to serving the notice.
Q5: I have received multiple complaints from my tenants about another tenant’s emotional support animal. She is letting the dog bark all night and the dog recently charged at a child. What should I do?
A5: You may serve the tenant with a notice to perform covenant or quit, if your lease/rental agreement prohibits tenants from disturbing surrounding tenants. If the animal’s behavior is extremely bad or the animal bites another tenant, you can likely serve a notice to quit for nuisance since the animal is interfering with the other tenants’ use and enjoyment of their units. The animal’s status as an emotional support animal does not relieve the tenant from her obligation to comply with the lease.
The law firm of Simone & Blevins has been doing evictions for over 28 years. Their office is open Monday – Friday from 9:00 AM to 5:00 PM. Tel: 619-235-6180, website: www.landlordslegalcenter.com, or email [email protected].