If you have local rental properties and you manage them yourself, you must know the laws on support and emotional support animals. If you use a property manager, get them to up on the laws, as well.
At a recent local Landlord Association meeting, the discussion was on which animals we are necessary to allow without pet deposit no pet rent. There are lots of online sites where owners will get documentation stating that their “pet” is actually a service or emotional support animal. It was agreed that this is becoming more common, often as a method to get pets in without having to pay additionally for your pet.
Turns out you can find 2 agencies that create regulation regarding these animals:
The Americans with Disabilities Act
The Fair Housing Work (FHA)
Americans with Disabilities Work – The ADA prohibits discrimination against individuals with disabilities in all regions of public life including jobs, schools, transportation, and all public and private places that are open to the general public. This law makes sure that people with disabilities have exactly the same rights and opportunities as everybody else.
Types of public accommodations include privately-possessed, leased or operated conveniences like hotels, dining places, retail merchants, doctor’s offices, golf courses, and so forth.
As a landlord, if you have public areas for instance a leasing office or perhaps a pool that is open to the public, you need to allow service wildlife into that public Service animal ID space.
According to the ADA:
Only dogs are recognized as service creatures under titles II and III of the ADA. (Make sure to read below concerning the miniature house provision!)
A service animal is a dog that’s individually trained to accomplish work or perform responsibilities for an individual with a disability.
Generally, entities must permit provider animals to accompany people who have disabilities in every areas where members of the public are allowed to go.
** Service animals are defined as dogs that are individually trained to do work or perform tasks for those who have disabilities.
Service animals will work animals, not pets.**
The work or task your dog has been trained to supply must be directly linked to the individuals disability. Dogs whose sole work is to provide comfort or emotional assistance usually do not qualify as service animals under the ADA.
Some State and local regulations define service animal considerably more broadly compared to the ADA does. Information about such laws can be obtained from hawaii attorney general’s office.
But that’s not all!
The Department’s revised ADA regulations have a new, separate provision about miniature horses which were individually trained to accomplish work or perform tasks for those who have disabilities. (Miniature horses usually range high from 24 inches to 34 in . measured to the shoulders and generally weigh between 70 and 100 pounds.)
You can find 4 assessment factors to aid in deciding whether miniature horses could be accommodated in your facility:
May be the miniature horse housebroken?
Is the miniature horse beneath the owner’s control?
Can your facility accommodate the miniature horse’s kind, size, and weight?
Will the miniature horse’s presence compromise legitimate safety requirements essential for safe operation of your facility?
Would you like a horse (no matter how “miniature”) surviving in your rental? You might legally have no choice…
Under the ADA, emotional support animals are not recognized as carrying out work or tasks for his or her owners. Therefore, they do not qualify as service animals and are not protected beneath the ADA.
Another important problem covered in the ADA is usually everything you may and may not ask for or require from owners of service animals. Actually, you can find only 2 questions you might ask:
Is this a service animal that is required due to a disability?
What work or tasks has the animal been trained to execute?
You cannot ask for proof training and you cannot enquire about the nature or extent of a person’s disability.