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How does this work anyways? If the animal is needed for "emotional support" what if the owner is employed do they get to take it to work?
No. Housing is covered by the Fair Housing Amendment Act which is not he same as public places like work which is covered by the Americans with Disability Act. ADA is more restrictive as to what is a legitimate "Service" Animal and is a right. The FHAA is more relaxed on what is a legitimate "Assistance" Animal but gives the landlord some control and is an accommodation. Two separate laws with two separate definitions of animals with two separate requirements.
You should smell some of the units after cat owners move out.
I will never ever EVER have pets allowed in my unit, especially after my last tenant sneaked a cat in. We didn't notice until after we gave back his security deposit but about a few days after he left I started to notice a horrible smell in the bedrooms (where carpet was). Turns out the cat sprayed everywhere and I had to rip out the carpets and replace them.
I wondered why when we did the final walk through he had a ton of plug ins throughout the unit
Plus, for people like me, I'm allergic to animals. I'm not going to have someone bring in the "most well behaved pet" and still do damage to the air ducts and carpet and who knows what.
If you want to be a renter and own a pet, you're most likely stuck with apartment living.
I will never ever EVER have pets allowed in my unit, especially after my last tenant sneaked a cat in. We didn't notice until after we gave back his security deposit but about a few days after he left I started to notice a horrible smell in the bedrooms (where carpet was). Turns out the cat sprayed everywhere and I had to rip out the carpets and replace them.
I wondered why when we did the final walk through he had a ton of plug ins throughout the unit
Plus, for people like me, I'm allergic to animals. I'm not going to have someone bring in the "most well behaved pet" and still do damage to the air ducts and carpet and who knows what.
I know from your other posts that you're a new LL.
You'll need to review the laws surrounding assistance animals and emotional support animals. YOU may call them "pets" but the ADA and FHA may not agree. (And yes, a cat can be declared an emotional support animal).
You need to realize that people sneak pets into rentals all the time. Anticipate that it will happen again and plan accordingly.
I know from your other posts that you're a new LL.
You'll need to review the laws surrounding assistance animals and emotional support animals. YOU may call them "pets" but the ADA and FHA may not agree. (And yes, a cat can be declared an emotional support animal).
You need to realize that people sneak pets into rentals all the time. Anticipate that it will happen again and plan accordingly.
Well the cat was definitely not a service animal. Just like he brought in a giant aquarium. I had a property management company at the time and they said nothing to me about the aquarium (I'm not about to have that break and flood my home). I only found out about it from neighbors telling me they saw him washing out aquarium equipment in the yard. So I fired the company and told the tenant if anything happens in that unit he will be sued.
As far as the FHA, I believe my home is exempt as I found this:
"All types of housing, including public housing, are covered by the FHA except: 1. Rental dwellings of four or less units, when one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members."
I can still have an opinion on what I think about pets in rentals, though. Even when I'm a renter, I don't even want to be put into a unit where I know an animal has been. Same goes for when I go to hotels.
As far as the FHA, I believe my home is exempt as I found this:
The biggest mistake landlords make in interpreting the FHAA is forgetting that many states have incorporated the provisions of the FHAA into their state laws with no exceptions. So, although you are exempt under federal regulations, your state could very well had added a provision in their law that all landlords must comply with the federal FHAA without exception or exclusion. Have you checked your state or local municipal laws?
Example is in SC, Title 31, Chapter 21 includes all dwelling (5) "Dwelling" means any building or structure, or portion of any building or structure, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location on it of any such building or structure, or portion of it. used as rentals for purposes of discrimination and further states: (7) to discriminate against a person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a handicap of:
(a) that person;
(b) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(c) any person associated with that person.
The biggest mistake landlords make in interpreting the FHAA is forgetting that many states have incorporated the provisions of the FHAA into their state laws with no exceptions. So, although you are exempt under federal regulations, your state could very well had added a provision in their law that all landlords must comply with the federal FHAA without exception or exclusion. Have you checked your state or local municipal laws?
Example is in SC, Title 31, Chapter 21 includes all dwelling (5) "Dwelling" means any building or structure, or portion of any building or structure, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location on it of any such building or structure, or portion of it. used as rentals for purposes of discrimination and further states: (7) to discriminate against a person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a handicap of:
(a) that person;
(b) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
(c) any person associated with that person.
Ahhh, I did not know this. So does this mean I would have to agree to a service animal if I have a duplex? Am I able to charge a non-refundable pet fee that is fairly high? (My fear is having to clean out air ducts and replace flooring)
Ahhh, I did not know this. So does this mean I would have to agree to a service animal if I have a duplex? Am I able to charge a non-refundable pet fee that is fairly high? (My fear is having to clean out air ducts and replace flooring)
First things first "Service Animals" is a term used specifically under the ADA, it has nothing to do with rentals except by reference in the FHAA. The correct terminology under FHAA is "Assistance Animal" which included by reference all ADA Service Animals and all emotional support and other required animals by a health professional.
Second thing, FHAA is an accommodation which means you are authorizing the animal. The rules for the accommodation and process is something that is lengthy to get into and can be situation specific. The FHAA accommodation is not without qualifications and denial rights. So, unlike the ADA, it is not absolute, it's an approval by the landlord. However, you are required by law to accommodate unless the accommodation will meet any of the reasons for legitimate (economic, safety, health, physical limitations, etc) denial. Of importance is that since an Assistance Animal is not a right but a regulated accommodation, a person can not just bring it in and demand it stays. They technically must ask for your O.K. and wait for that approval before bringing in the animal.
Assistance Animals are not pets but medical service devices; as such, you are prohibited from charging any fees, rents or additional cost to have the animal in the unit. (this has nothing to do with charges for damages which apply regardless)
Tenants with disabilities who have Assistance Animals are often told and trained by disability advocates (and rightfully so due to landlord abuse) to not disclose the need for the animal until after the rental is approved. Although it is illegal to make a decision based on that assistance animal, many landlord do. So, expect it to not even be mentioned at application but brought up after the lease is signed.
I must have been an unusual LL. I rented my second SFH out to a couple with FOUR pugs. The dogs didn't do any damage, but the tenants' constant smoking turned all the walls a sickly yellow from the nicotine - we had to scrub every surface in the house before repainting all the walls and ceilings. I also rented another house to a couple that had two huge blue-tick coonhounds. They laid small rugs over all the main traffic areas of the gorgeous hardwood floors and those dogs never did a lick of damage. In fact, I used to pet sit for the couple if they went away for a weekend. I really enjoyed those big old dogs!
I know from your other posts that you're a new LL.
You'll need to review the laws surrounding assistance animals and emotional support animals. YOU may call them "pets" but the ADA and FHA may not agree. (And yes, a cat can be declared an emotional support animal).
You need to realize that people sneak pets into rentals all the time. Anticipate that it will happen again and plan accordingly.
Well no one better not sneak in a cat over me because the rental will be notified. Especially if it's causing me to lose sleep
I must have been an unusual LL. I rented my second SFH out to a couple with FOUR pugs. The dogs didn't do any damage, but the tenants' constant smoking turned all the walls a sickly yellow from the nicotine - we had to scrub every surface in the house before repainting all the walls and ceilings. I also rented another house to a couple that had two huge blue-tick coonhounds. They laid small rugs over all the main traffic areas of the gorgeous hardwood floors and those dogs never did a lick of damage. In fact, I used to pet sit for the couple if they went away for a weekend. I really enjoyed those big old dogs!
Some LL appear to get the worst of everything. Read on another board a post from a landlord who has never had much in the way of problems with pets, but his refrigerator stories were horrific.
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