Your search results

Property Management – Chatsworth – Service Animal Exemption

CHATSWORTH PROPERTY MANAGEMENT

Service Animal Exemption Requests on the Rise

Landlords/property managers and policies are being challenged more and more by residents who claim their animal is needed for service or assistance and request an exemption to no-pet policies, Dover says. Landlords frequently report that residents or applicants present documentation that appears to support that an animal is qualified to provide service or assistance to a resident, who may or may not have a disability. Typically, the paperwork comes from one of the Internet service animal registries that offer official-looking service animal apparel and documentation for a fee.

Many times the animal in question is a pit bull, Dover said.

“There is an increase in people going onto a website and paying to get these certifications and other documents. We seem to be getting at least as many, if not more, inquiries then we’ve had in the past,” Dover said.

Clients, she said, are often confused about what defines a service animal and whether companion animals should be considered pets. Many are also unsure what kind of documentation is acceptable for the animals to be allowed.

It’s important for multifamily professionals to realize that trained service and companion animals are types of assistive animals and fall under Fair Housing rules. Denying a resident either of these could ultimately lead to potential fair housing liability.

Determining Disability Is Key to Service Animal Exemption

Kimball, Tirey & St. John often gets inquiries about what residents have to prove for an animal to be accepted under the FHA.

The ultimate determining factor is not whether the animal is classified for service or assistance, rather whether the resident or applicant is disabled and needs the animal because of the disability. Dover said that landlords can require written verification that the resident is disabled and has a disability-related need for the animal.

However, landlords can’t ask about the nature or extent of the disability. They can ask for verification that the person meets the definition of disability under relevant fair housing laws.

Official-looking documents, capes, collars and badges don’t prove that the person is disabled and has a disability-related need for an assistive animal.

“Sometimes managers get scared because they don’t want to be accused of Fair Housing violations,” Dover said. “But I think it’s important for housing providers to recognize that these types of documents are not a valid form of verification and they are entitled to verification of disability and disability-related need for the animal, unless it’s apparent.”

Property Pit Bull Bans Require Burden of Proof

With regard to pit bulls, landlords/property managers must prove that allowing pit bulls, or any other breed for that matter, as assistive animals poses an undue financial or administrative burden in order to legally keep them off the property.

And just because the current insurance provider – which also has fair housing responsibilities to the extent of insuring housing – denies coverage is not enough for landlords to refuse the animals. A landlord is expected to ask their insurance carrier to make an accommodation for a disability-related situation.

In the event the carrier doesn’t make an accommodation, the burden is on the landlord to seek alternative insurance from a carrier that will make an accommodation for disability. If no comparable insurance provider can be found, only then can a landlord have a valid defense that allowing a pit bull is an undue burden, Dover said.

At the same time, landlords would need to battle city hall over a municipal ban if a resident or applicant proved a disability and disability-related need for a pit bull or any other banned animal.

“If a city had a pit bull ban, I think a landlord would have a responsibility to request the city to waive the ban when a resident wanted to have a pit bull as an assistive animal,” Dover said. “Cities cannot take away rights given by the federal or state government, and cities also have fair housing responsibilities.”

Excerpt from article by Tim Blackwell

Legal Disclaimer: The statements and representations made in this article are from a non-lawyer (where applicable), are intended for informational purposes only, and should not be interpreted or relied upon as legal advice. Please consult with a legal professional should you have any questions about the topics contained herein. The opinions expressed in this article may not reflect the opinions of RealPage, Inc.

Since 1946 the Carnahan name has had a reputation for honest and ethical Real Estate Property Management services in the San Fernando Valley, Santa Clarita Valley, Burbank/Glendale, Los Angeles, Westside and Conejo Valley areas.

The reason for our success is helping owners like you when they need it. Below is a partial list of property management services we provide to help you protect your real estate investment.