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PET OR SERVICE ANIMAL?
The Fair Housing Act (FHA) requires owners of rental properties to make reasonable exceptions in policies and operations to provide equal housing opportunities to persons with disabilities. If you don’t normally allow pets, you may be required to make an exception to accommodate a service or companion animal for any tenants with disabilities.
But what if the companion animal poses a threat to your other tenants—or to you? Do you have to accommodate an aggressive animal under the FHA?
Probably not. While you must make reasonable accommodations for tenants with disabilities, they have responsibilities, too. If you request it, tenants with disabilities must provide documentation that the service animal is required from a physician or other healthcare professional. However, as a landlord, you are within your rights to require that every service animal be vaccinated, trained and non-threatening to other residents and the public.
The FHA does not protect tenants who create a nuisance or direct threat to the health and safety of others. If a tenant’s aggressive dog creates a direct threat, then you could be justified in requiring the tenant to take corrective action or remove it.
However, taking action based on speculation about a dog’s breed or appearance is not advisable. Rather, make an objective evaluation based on observation and available data. Does the dog have a history of aggression? Has it ever bitten or harmed anyone? Does it bark excessively? Could putting a muzzle on the dog when it’s outside the rental unit solve the problem?
If you have a tenant with disabilities who has a companion or service animal that is noisy, aggressive or a nuisance, keep the communication open and look for ways to come to a solution.
Disclaimer:
This site is intended to provide useful information. It is not intended to provide professional financial or legal advice and cannot substitute for professional advice. Seek independent professional advice from a competent licensed professional before acting upon any information contained herein.
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.
- Tenant placement
- Tenant screening (including: credit check, landlord and employment verification, social security trace report, california eviction check and criminal check)
- Regular property inspections
- Accounting and landlord bill payment
- Monthly financial reporting
- Maintenance service and supervision (we use only proven independent vendors)
- Collections
- Evictions
- We supply all the necessary forms to meet California’s Landlord/Tenant laws
- 24 hour emergency phone service
- Advertising to the broadest tenant base possible
Call or e-mail us today for more information. We’re ready to get started!
- Carnahan Property Management services Woodland Hills,West Hills, Calabasas, Canoga Park, Tarzana, Reseda, Topanga, Encino, Northridge, Van Nuys,North Hills,Chatsworth, Sherman Oaks, Studio City, North Hollywood, West Hollywood, San Fernando Valley, Granada Hills, Mission Hills, Simi Valley, West Lake Village, Agoura,Toluca Lake, Valley Village, Burbank. Call us at (818) 884-1500 and check if we can service your area.
