Companion Animals

I was wondering if anyone else has been having issues with companion animals lately? It seems that residents are figuring out the way to get around the rules of either having only a certain amount of pets, a pet at all, or paying any type of pet fee/deposit is to claim they need a companion animal.

This is not meant to be a hot topic because I do believe that companion animals are real and needed for certain residents however it has started getting very popular at several of our properties and I don't truly believe that they are all really needed. We have had two doctors refuse to agree that certain residents need a "companion animal" which is refreshing since many doctors will sign and agree with anything for a patient. Of course if a doctor does sign off on it we allow it regardless of our own opinons (since we're not doctors!).

We recently had a woman try to claim three cats (we only allow two cats and require a pet fee and deposit) were companion animals. The doctor stated that she did have a mental disability that required the cats (doctor's wording- not mine). Our attorney thought it was riduclous and while we were fine with allowing the third cat as a reasonable accommodation our attorney said we should still require the other two cats to be subject to the deposit and fee. Our attorney stated that unless she has three separate disabilities in which each cat serves a function for that separate disability there is no reason anyone would need more than one companion animal. We were successful in fighting this and she has agreed to pay the pet fee/deposit for the other two cats.

Just curious if anyone else is noticing their residents figuring out this new way to get the pets they want without paying for them.

Go to this link as it may be able to clear up some lines of thinking: www.animallaw.info/articles/ovuspetsandhousinglaws.htm

Thanks Nate! I am aware of the laws and requirements, my question was more just to see if other property managers are noticing an influx in people requesting these. We had one person whose doctor approved a dog so we allowed it in a no pet property since it's the law that we must, and then he knows several residents there that he told about how he did it and then we had a rush of people claiming companion animals right after that.

I do want to reiterate that I think companion animals are important and warranted for people with disabilities that require them- I was just talking with our attorney and she thinks it's abused all the time which is the reason for this thread.

Was just curious if other people have had these same types of experiences at their properties

I would say consult your lawyer, but sometimes companion animals have to be licensed or registered. Or they went through some sort of training in order to be designated as such. I would assume asking for that licences or registration prior to a doctors note could be a good indication of legitimacy, since in some cases it can take thousands of dollars to have the dog trained (guide dogs, etc...). Also if your city requires the animals be licensed you could ask to make sure they have the proper paperwork for municipal laws.

I say DON'T contact your attorney and get a new one. This is what startled me:

Our attorney stated that unless she has three separate disabilities in which each cat serves a function for that separate disability there is no reason anyone would need more than one companion animal. We were successful in fighting this and she has agreed to pay the pet fee/deposit for the other two cats.

It's great that you guys won in this case, but that is really dangerous territory, for a lawyer to attempt to qualify what someone "needs" medically.

Thank you for you concern however our attorney is one of the best in the state. She wasn't qualifying a disability she just pressed the Doctor to confirm that there were three different disabilities that required three different companion animals. The doctor is the one who then said that we were right and it wasn't required that all three are companion animals. The law states A companion animal, not an unlimited amount.

I also want to point out that Service Animals are different than Companion Animals. Companion animals are not trained nor licensed animals- all they provide is comfort to someone who, for a medical reason, has a disability that requires an emotional support animal. For example, it would make sense for someone to say I need my dog to live with me because I have depression and he is an emotional support. It would not make sense to say I need emotional support so I need all five of my dogs in my one bedroom apartment with me.

I am actually proud that we pressed the doctor to be more specific as to why all three were necessary and she concluded we were correct and that while one was a companion animal the other two really weren't required. We did allow all three to still live there and didn't make her pay the fees on the one because it was still a companion animal.

If the doctor would have said that each cat provides a separate disability then we would have not charged any fees and allowed it regardless of our feelings on it.

Unfortunately, that didn't work for me in Wisconsin. The resident and the Doctor stated that because she had a dog and 2 cats prior to living in my community, we had to permit all threee without the pet fee because they were needed for her anxiety disorder. Didn't bother me because I feel if a resident maintains the City's limit of pets and they are cared for and don't create damages, why would any landlord care. I want happy residents

Sad that you care how many cats bring this resident peace of mind. I mean, they are not mountain lions. What a waste of time

I believe the OP's actual question was whether or not we had seen an increase in residents claiming a need for service/companion animals as a way to get around pet fees, so I'll limit my response to that...

At all four of our properties, I have notice a large increase in such requests. The information on ADA requirements and landlord compliance is easily available, and residents do tend to share such information. We have everyone who requests accommodation (whether for animal or any other modification)do so in writing and provide a healthcare professional's written support of that claim. Most who are making less-than-honorable claims of need for animals drop the issue at that point. We have had a few who had continued on... I can recall one resident whose sister was a nurse and signed the paperwork... but we did not press the issue. The needs of those who truly have disability are worth the few who try to manipulate the system for their own cause.

Rental communities in my state have seen a large increase in requests for companion animals. The official request form is called a "reasonable request for accommodation." Therefore, the request must be "reasonable" for the landlord to accommodate. One, two, or a few animals might be considered "reasonable." A dozen animals? A skunk? :sick: Not reasonable.