We have a property for rent and woman just called and said she has 3 pit bulls that are service animals. We aren't sure if she has paperwork on them. She specified they are not ESA, but service animals. I know we have to accept service animals, but can we have a limit on how many?
This owner only wants to allow one small pet, and I had to explain to him that service animals are not considered pets, but residents. Pit bulls are great, but they are on the dangerous dog breed list and she didn't tell us why she has 3. Are we allowed to limit the amount of service animals or does that go against the FHA?
We just want to make sure we handle this properly.
I’m not a lawyer so double check, but it’s my understanding that you don’t have to accept them at all if your insurance forbids it. You’re only required to make a reasonable accommodation and risking your insurance for them isn’t reasonable, even if they’re service animals. My insurance agent told me under no circumstances should I accept a pit bull, and that it, say, my building burned down the insurance company could use a pit bull on property as proof of violation of the policy to avoid paying. Apparently they also cause tons of lawsuits on their own. Avoid them.
You folks remind me why I keep teaching fair housing!
First, you cannot consider the breed of the dogs as service animals. HUD makes that very clear. The Federal Gov't will over rule any local or state ordinances re breeds, insurance etc. If your insurance won't cover pit bull service animals you may need a new insurance company.
Next, a person with disabilities could have more than one service animal,and can be required to provide proof from a health care provider that states that each animal serves a different purpose/disability.
The information provider should have a fairly current relationship with the resident/applicant.
All you can ask if they do in fact have disabilities (Defined as "that prohibit one or more major life activities, such as seeing, hearing, breathing. walking,talking etc." The disability can be physical or mental or both.
Go to the HUD website and search service animals so you can show it/quote it exactly!
Definitely check with an attorney but if you must accept the 3 dogs there is no law or rule about the extra fee you can charge, $1000 pet fee, not deposit, per animal sounds fair to me.
I am trying to document where the information was published regarding a person with multiple service or ESA animals can be required to provide proof from a health care provider that states that each animal serves a different purpose/disability. I seem to remember something being published in 2017 or early 2018. Can you provide any clarity?
Thank you
JYochem