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I've given up on the service animal nonsense that you guys seem to love fighting over so I didn't read this entire thread but this post stood out to me. Given two equal applicants and one has made a reasonable accommodation for a service animal and the other has not, your example just restating it, it is not against any law to pick the applicant without the animal over the applicant with the animal. The FHA protections are not absolute to such a degree that they would force a property owner to take the dog owner in that instance.
There is a decent amount of obviously wrong info from regular posters on this forum regarding service/emotional support animals that you guys should really stop having these discussions. Topics like this seem to turn into arguments every time they come up and both sides are talking out of there asses.
Picking the person with the SD over one with out UNLESS you have 5 or Less Apt then No you wont get sued ... but Over 5 You going to get sued. Lets face it How does the LL Prove they were Not hold the SD against the applicant.
I Have Yet to see one argument in this thread.
Joey my New Service Dog is HOME!! It was a Long trip! & I am Whipped!
Picking the person with the SD over one with out UNLESS you have 5 or Less Apt then No you wont get sued ... but Over 5 You going to get sued. Lets face it How does the LL Prove they were Not hold the SD against the applicant.
I Have Yet to see one argument in this thread.
Joey my New Service Dog is HOME!! It was a Long trip! & I am Whipped!
Doesn't have to prove it. I'd tell a judge that, in the very specific circumstances you outlined, the animal was the only determining factor. The law does not force a LL to take the person with a reasonable accommodation over the other, that was never the intention either. If you applied to a rental, and submitted a reasonable accommodation request with your application which never happens, and your twin (similar age, race, familiar status, credit history, income, criminal record/background, and so on) also applied to the same rental but without the reasonable accommodation request the law does not force a LL to pick you over the twin. Unless the LL makes some blanket statement like I never rent to people with service animals then it isn't discrimination, come back down to reality.
What will actually happen is a person will submit a complaint to HUD with their allegations then HUD will investigate by contacting the LL to explain. The LL explains to HUD that the applicant they took was equally qualified as the disabled individual and that the additional wear is why the choice to go with the twin was made. It is a reasonable assumption and sets up an undue burden defense if it ever even gets that far. Most likely HUD will close the case and move on to a real problem but on the off chance that they don't they will make the two parties come to an agreement and sign that agreement. Only after that agreement has been breached will they refer it to the attorney general for further investigation and prosecution.
Nut jobs threatening to sue over nonsense is exactly why I advise LLs to NEVER send out denial notices and NEVER tell potential tenants how many applications you have or don't have.
I've given up on the service animal nonsense that you guys seem to love fighting over so I didn't read this entire thread but this post stood out to me. Given two equal applicants and one has made a reasonable accommodation for a service animal and the other has not, your example just restating it, it is not against any law to pick the applicant without the animal over the applicant with the animal. The FHA protections are not absolute to such a degree that they would force a property owner to take the dog owner in that instance.
There is a decent amount of obviously wrong info from regular posters on this forum regarding service/emotional support animals that you guys should really stop having these discussions. Topics like this seem to turn into arguments every time they come up and both sides are talking out of there asses.
No ONE on this thread is Fighting. I have requested this thread Closed ..... Mods decide to leave it open so PLZ No Fighting. Your Opinion has been Expressed & Noted.... the end
Picking the person with the SD over one with out UNLESS you have 5 or Less Apt then No you wont get sued ... but Over 5 You going to get sued. Lets face it How does the LL Prove they were Not hold the SD against the applicant.
I Have Yet to see one argument in this thread.
Joey my New Service Dog is HOME!! It was a Long trip! & I am Whipped!
Congrats, but
He's not a trained SD yet. Does your LL know about the new arrival? Did you pay the $300?
.......... advise LLs to NEVER send out denial notices and NEVER tell potential tenants how many applications you have or don't have.
This is veering wildly off the topic of the thread, but if you happen to be in Oregon, you must, by law, tell the applicant how many people have applied before he did.
Federal law is that you must send out a denial letter if the denial was based upon anything you found in the credit report.
Also in Oregon state law, if the tenant requests the reason for denial in writing, he must be told. Which in my case is "did not meet the rental criteria, which the applicant was given a copy of at time of application". Unless, of course, it was something in the credit report and I have already send the federally required denial letter.
He's not a trained SD yet. Does your LL know about the new arrival? Did you pay the $300?
Training will depend on My Needs! No I have not paid.... Yes the LL does know she here. She has the Drs paper. I was just over at the office filling out more paperwork... she faxed it to her boss. Office is only open Tue & Thursday 9am to 1 pm & LL is Off Thursday. As she says we will know when we know & go from there. I did not sneak the dog in... Kinda hard when she goes out to potty & spends the rest of her time on my bed looking out the window! IF I was going to sneak in an animal I wouldn't have been dumb enough to Tell the apt mgr in advance Which is what some of these tenants have done!
Training will depend on My Needs! No I have not paid.... Yes the LL does know she here. She has the Drs paper. I was just over at the office filling out more paperwork... she faxed it to her boss. Office is only open Tue & Thursday 9am to 1 pm & LL is Off Thursday. As she says we will know when we know & go from there. I did not sneak the dog in... Kinda hard when she goes out to potty & spends the rest of her time on my bed looking out the window! IF I was going to sneak in an animal I wouldn't have been dumb enough to Tell the apt mgr in advance Which is what some of these tenants have done!
Better than calling her Coffee.... Did you bother to follow the Link?
Little Cup of Jo ....aka Joey
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Which is what some of these tenants have done! 
