613,494
http://activerain.com/blogsview/4497199/renting-to-a-service-dog---
Any animal can be deemed a "service" animal.( which includes emotional support) I did research for my blog and at the time there was no limit on what the animal has to be. There is also no national directory, no requirements, or no mandatory training.
You also cannot ask about the disability or ask the animal to perform any duties.
Basically it is unregulated...you can buy any fake "service" papers or create your own. The animal can go anywhere...airlines, buses, offices, resturants, churches etc.
There was an article recently about an airline removing a "service pig" from the flight because they were disruptive.
Eve
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Allie Angeloni
Oro Valley, AZ
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Wayne Zuhl
Cranford, NJ
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Doug Dawes
Topsfield, MA
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Praful Thakkar
Burlington, MA
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Debbie Gartner
White Plains, NY
-
Inna Ivchenko
Encino, CA
-
Abby Stiller
Cape Coral, FL
-
Richard Bazinet /MBA, ...
Scottsdale, AZ
-
Michael Setunsky
Woodbridge, VA
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Chris Ann Cleland
Gainesville, VA
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Mary Yonkers
Erie, PA
-
Fred Griffin Florida R...
Tallahassee, FL
-
Debe Maxwell, CRS
Charlotte, NC
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Sandy Padula & Norm Pa...
, CA
-
Lyn Sims
Schaumburg, IL
-
Roy Kelley
Gaithersburg, MD
-
Anna "Banana" Kruchten
Phoenix, AZ
-
Ryan Huggins - Thousan...
Thousand Oaks, CA
-
Teri Pacitto
Westlake Village, CA
-
Barbara Todaro
Franklin, MA
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Michael Jacobs
Pasadena, CA
-
Candice A. Donofrio
Fort Mohave, AZ
374,464
They don't have a service cat, they have an "Emotional Support Animal"
"The only animals allowed to serve as service animals are any breed of dog and, in some cases, miniature horses. With respect to Emotional Support Animals, there are no species or breed restictions. Consequently, cats, rabbits, miniature pigs, ferrets,birds, etc"
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Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
-
Michael Setunsky
Woodbridge, VA
-
Kevin J. May
Hobe Sound, FL
-
Chris Ann Cleland
Gainesville, VA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Lyn Sims
Schaumburg, IL
-
Roy Kelley
Gaithersburg, MD
-
Michael Jacobs
Pasadena, CA
-
Candice A. Donofrio
Fort Mohave, AZ
2,310,631
I have heard of service dogs who have a service cat to keep them calm. What about a service mouse for the service cat? Silly!
-
Jill Sackler
Long Beach, NY
-
Cheryl Dukes . . . . ....
Atlanta, GA
-
Doug Dawes
Topsfield, MA
-
Jill Murty, Realtor - ...
Laguna Niguel, CA
-
Kevin J. May
Hobe Sound, FL
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Lynda White
Louisville, KY
-
Lyn Sims
Schaumburg, IL
-
Roy Kelley
Gaithersburg, MD
4,667,750
I'm in California --- I believe there was a story of a service rat. We had a tenant-landlord-eviction attorney speak to our office recently -- be mindful of local laws.
-
Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
-
Richard Bazinet /MBA, ...
Scottsdale, AZ
-
Mary Yonkers
Erie, PA
-
Susan Haughton
Alexandria, VA
-
Debe Maxwell, CRS
Charlotte, NC
-
Nina Hollander, Broker
Charlotte, NC
-
Lyn Sims
Schaumburg, IL
-
Roy Kelley
Gaithersburg, MD
5,034,091
Service animals are not limited to just dogs.
-
Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
-
Chris Ann Cleland
Gainesville, VA
-
Mary Yonkers
Erie, PA
-
Nina Hollander, Broker
Charlotte, NC
-
Lyn Sims
Schaumburg, IL
-
Roy Kelley
Gaithersburg, MD
1,526,824
It recognizes all animals. I've seen legit service pigs before. You can't refuse entry or renting.
-
Allie Angeloni
Oro Valley, AZ
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Nina Hollander, Broker
Charlotte, NC
-
Lyn Sims
Schaumburg, IL
-
Roy Kelley
Gaithersburg, MD
2,176,893
This is becoming quite common and unfortunately, something that started out with good intent is being abused by some.
-
Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
-
Chris Ann Cleland
Gainesville, VA
-
Mary Yonkers
Erie, PA
-
Susan Haughton
Alexandria, VA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
91,335
This is a very misunderstood issue. There are two federal laws in play here: The Americans with Disabilities Act (ADA) and HUD's Fair Housing laws. ADA covers public places, while HUD covers housing. As Nina Hollander noted, ADA recognizes only dogs (and sometimes mini horses) at this time as service animals. HUD accepts any conceivable critter as a service animal, like my emotional comfort snake, Fang. (I was going to insert an image, but they all creeped me out, so I'll spare you the stomach churn.) Landlords and condo associations must provide "reasonable accomodation" of people's disabilities AND their service animals.
These are laws we need to know. HUD sends testers out. There's a lot of liability if you were to refuse service to someone with a service animal and that's why there is so much abuse of these laws. Everyone is scared. Knowing the rules gives you a leg to stand on when you meet these abusers. They know they are taking advantage of people, but no one stands up to them, either out of not knowing what's correct or from over-politeness.
-
Allie Angeloni
Oro Valley, AZ
-
Wayne Zuhl
Cranford, NJ
-
Michael Jacobs
Pasadena, CA
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Theo Shaw
Evanston, IL
602,025
Doug Dawes is it a "service animal" or an "Emotional Support Animal"? There is a difference. Service animals are limited to dogs and sometimes miniature horses. Emotional support animals can be just about anything. I've literally seen turtles, llamas, turkeys, snakes, cats, etc.
-
Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
-
Kevin J. May
Hobe Sound, FL
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
2,695,430
What Mike & Eve Alexander said.
If you don't allow that cat, they will hire a lawyer to sue you. And they will report you to some Federal bureaucrats.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
-
Richard Bazinet /MBA, ...
Scottsdale, AZ
-
Mary Yonkers
Erie, PA
-
Susan Haughton
Alexandria, VA
3,630,604
Doug I am pretty sure cats and/or other animals could be classified as service animals.
-
Doug Dawes
Topsfield, MA
-
Chris Ann Cleland
Gainesville, VA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
352,976
Yes, it can be any animal and from all the articles I have read there do not seem to be limitations on what those are.
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
5,388,866
Wow, never had it happen. But, would not grant entrance without the permission of the seller and would ask buyer's agent for supporting documentation to present to the seller.
-
Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
3,394,588
I do not believe there is such a thing - at least under the law.
Do I believe there are people out there that are so attached to their pet (cat) that they believe they cannot go anywhere without it - perhaps PTSD or other reasons, yes. Yes, I do believe there are.
I'd ask for a copy of the cat's service papers and advise the client that I will reach out to the seller and ask permission to show with your service cat.
-
Wayne Zuhl
Cranford, NJ
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
8,041,625
This will be a good blog topic for you. What documentation, if any, is needed to prove that a pet is actually a service cat?
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Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Nina Hollander, Broker
Charlotte, NC
-
Lynda White
Louisville, KY
216,960
Doug Dawes Great subject to bring up....I pulled this up online...
http://www.humanesociety.org/animals/resources/tips/assistance-animals-tenants-rights.html
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Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
5,583,758
learned something from Eve's answer....
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Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
3,416,159
I have seen a cat with a service vest. Seeing i learned you can pay for anything to be a service animal, i am a bit leary and feel for the people who have real service animals
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Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Roy Kelley
Gaithersburg, MD
5,125,093
I don't think cats qualify under the law. I would want to see any documentation. Ben DeHaven has a good point, as does Kathleen Daniels . I would check with the client, too.
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Lyn Sims
Schaumburg, IL
-
Roy Kelley
Gaithersburg, MD
6,584,207
Anything can be a service or emotional support animal.
And no certification is required on the animal, but the person does have to have a letter from their mental health professional certifying the need.
Research the laws well before wading into this mess.
-
Allie Angeloni
Oro Valley, AZ
-
Bob Crane
Stevens Point, WI
-
Doug Dawes
Topsfield, MA
1,639,246
Yes, here in CA. I just listened to a webinar and domestic pets can be qualified as companions ( no need for special training).
-
Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Inna Ivchenko
Encino, CA
1,231,853
Best to know the laws in local area as well.
-
Allie Angeloni
Oro Valley, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
117,135
My Flight attendant friend told me about the service animal Monkey, who had its own service animal Cat, because the monkey go nervous on planes. And she said the monkey pet the cat the entire flight. How they got the cat to sit there, I dont know...
This doesn't answer your question, but.I had to share.
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Michael Jacobs
Pasadena, CA
-
Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
5,394,653
What Mike & Eve Alexander said!
This is a HUGE pet peeve of mine - it's much like folks who are lazy and park in handicapped parking spaces. People don't think how their actions (buying fake licenses to have service animals or using grandma's handicapped placard) impact those who really do need service animals or are truly handicapped.
And then as landlords, we can't ask about it? It's a system in SUCH disarray!
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Fred Griffin Florida R...
Tallahassee, FL
1,742,527
We do not do rentals so reading with interest
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Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
5,218,267
While only dogs are considered service animals under the ADA (and some accommodations may be required for the use of some miniature horses), the Fair Housing Act has no such restriction.
-
Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
1,862,272
I would find out right away but I bet there are 'comfort animals' now. I am saying that the laws apply to the town property is in. If they say dog, it's a dog.
Are there service turtles?
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Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Debe Maxwell, CRS
Charlotte, NC
1,255,248
We have an older woman who walks around in restuarant with a tiny poodle. When challenged she claimed it is a service poodle. Now I hear cat miaoing inside a carrier.
Where is the paperwork? None.
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Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Roy Kelley
Gaithersburg, MD
1,713,576
Never seen one. Emotional support maybe but that is easy to obtain.
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
-
Roy Kelley
Gaithersburg, MD
634,532
Mike & Eve Alexander have the right answer on this one. Even a horse can be a service animal.
-
Allie Angeloni
Oro Valley, AZ
-
Doug Dawes
Topsfield, MA
1,593,581
Health vs. Health, owner wins.
Policy vs. Sale, seller loses.
-
Doug Dawes
Topsfield, MA
-
Debe Maxwell, CRS
Charlotte, NC
809,509
This is totally new to me . lol. I'll go with what Eve says
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
5,773,914
Yes there is, and many have given you the answers. We have seen all types of pets on the plane with us. A
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
719,181
Thread very carefully on this subject my friend. I took a renewal class last year where a federal judge was the presenter. It's a can of worms. Especially if the person in question says that he/she has a service cat and it's confidential. You'll never see a physician's note that this person has a mental or emotional issue, that explains the 'service' cat.
And you want to stay out of the court room..... let the landlord/owner speak. Not you.
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
2,102,957
What about the rights of the seller... let's say, for the sake of argument, that the seller is highly allergic to cats. Emotional support cat, or not. Doesn't the seller have the right to say "leave your cat in the car"?
-
Debe Maxwell, CRS
Charlotte, NC
-
Doug Dawes
Topsfield, MA
5,105,261
I figure only service dogs.
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
925,278
mnay different aninals can be authorized service animals. Having a service animal doesn't mean everyone has to let them into their house.
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
2,233,131
The cat doesn't have to be called a service animal if deemed necessary for the emotional well being of the indiv
-
Doug Dawes
Topsfield, MA
-
Mary Yonkers
Erie, PA
290,969
Hmmm . . . no clue Doug Dawes, but I have heard of other Service Animals, i.e., pigs. I would love a Service Horse, but don't see that in my future! Once Roger was done laughing . . . just sayin' . . . I will read replies below.
-
Doug Dawes
Topsfield, MA
2,870
LOL, I am pretty sure ADA requirements for service animals do not apply to private residences, and only dogs and maybe minature horses (don't ask me) are recognized as service animals
-
Doug Dawes
Topsfield, MA
1,390,883
It's a legal question, but, for my part, I would allow them access if (and probably only if since the owner doesn't want pets) they could provide service papers.
-
Doug Dawes
Topsfield, MA
146,655
Some states have their own laws that go beyond the federal guidelines, so be sure to know the laws in your state. One of the problems with the federal guidelines is that they require the housing provider to determine:
Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities?
and
Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability?
...and then go on to restrict the type of questions or proof the housing provider can request.
Here is a link to the federal guidelines:
https://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf
In my opinion, it is not fair for the government (state or federal) to create ambiguous laws and then penalize property managers, Realtors and landlords for not making the right judgment call. If they're going to create the law, they should also provide a licensing procedure for the individuals to whom it applies.
If you want a handicap parking permit, you complete an application and have a health care provider sign to certify the disability and the state issues a permit. Why not the same with service animals? It just doesn't make sense to leave it up to a property manager, require the housing provider to defend their decision if called into question , AND penalize them if they didn't make the right call.
-
Doug Dawes
Topsfield, MA
4,434,227
3,988,113
I am pretty sure that it is not limited to just dogs. I saw a a comfort skunk. No kidding.
-
Doug Dawes
Topsfield, MA
1,001,762
I'm waiting for someone to come up with a service cock roach!
-
Doug Dawes
Topsfield, MA
4,800,232
I would need to see the documentation for this.
-
Doug Dawes
Topsfield, MA
3,627,372
An interesting situation. As I was reading some of the comments we'll be discussing this t our meeting this morning.
-
Doug Dawes
Topsfield, MA
4,321,300
Doug Dawes - I am with you on that - Service Dog is what I have heard.
-
Doug Dawes
Topsfield, MA
4,273,313
3,395
In California, no one can discrimnate against service animals. A service animal can be any animal.
-
Doug Dawes
Topsfield, MA
3,986,413
Cat's are usually used for emotional issues especially for the young.
-
Doug Dawes
Topsfield, MA
2,409,660
great question - I really enjoyed reading the answers
-
Doug Dawes
Topsfield, MA
1,466,257
Doug Dawes According to Mike & Eve Alexander and Ben DeHaven there is a such a thing as an "Emotional Support Animal".
-
Doug Dawes
Topsfield, MA
914,623
Nope, it could be any critter with a certificate and you have to comply.
-
Doug Dawes
Topsfield, MA
2,819,314
1,153,799
You stand correct Doug. Comfort or emotional needs animals are not recognized by the ADA as "service" oriented. Cats would definitely bring more trouble to the table rather than help the disabled. I see how our cat operates, even attempted to train her. The result would not be good if I was left in her paws!
-
Doug Dawes
Topsfield, MA
1,598,552
544,114
People declare all sorts of things as service aides. There are no limits anymore. Everything goes. It's 1960's all over again.
362,555
This is tricky because of increasing tenant fraud claiming a service or emotional support animal to get around "No Pets" policies or fees in Pet Addendums. The ADA (Americans with Disabilities Act) sets standards for service and emotional support animals and defines disability as "a person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability. It also includes individuals who do not have a disability but are regarded as having a disability."
1. I would forward the ADA's "Service Animals and Emotional Support Animals" standards booklet to your landlord clients. See especially paragraph c) Housing. Download: https://adata.org/publication/service-animals-booklet
2. Use a "Comfort/Service Animal Addendum" to lease. Here is a sample addendum for California. Consult with your MAR Attorney Hotline regarding modifications required for your state. https://www.aoausa.com/forms_member/122_Service_Animal_Agreement.pdf
3. “'document document document.' Keep good records, and document everything. So if you have a tenant who “suddenly” gets an “emotional support animal,” document the first time you noticed it. When you ask them about the animal and they claim medical need, ask for a letter from their prescribing physician. Document when you asked for it, and when you received it. It shouldn’t take more than a few days to receive, especially if it is a legitimate need. If it goes beyond a week, document that as well."
https://www.biggerpockets.com/renewsblog/2015/03/11/emotional-support-animals-waiver-no-petpolicieslaw-say/
4. Do Your Due Diligence. “I run searches on all the medical providers and the requesting parties to see what I can find. I have made familial connections and found things on Facebook that contradict what is said in the medical statement. In those cases, I usually ask for clarification and many times the request is dropped."
https://cooperator.com/article/fraudulent-service-animals-2/full
For ex, prospective tenants submit rental application including a pet dog but do not claim dog as a service animal or mention ADA Act. Tenants then present pet dog as scheduled for meeting with landlord. Again tenants omit claim for service dog. During lease negotiatons tenants suddenly claim pet dog is a service animal but present no documentation. Landlord remarks that during their meeting tenants did not exhibit symptoms of disability (this is not a criteria under ADA) and that dog bore no identification as service animal. What to do? Time to contact your state Attorney Hotline.
Resources:
http://servicedogcentral.org/content/node/305
https://www.thelpa.com/lpa/index.html?id=tyWoKV7f
https://www.thelpa.com/lpa/forum-thread/333188/Service-dog-laws.html
http://www.thedailybeast.com/finally-colorado-is-cracking-down-on-service-dog-fraud
http://dogtime.com/trending/29963-speak-fight-service-dog-fraud
5,944,231