Is It Illegal To Charge A Pet Deposit For A Companion Animal In Oregon 2017

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September 22, 2014

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Why Landlords Experience Angered By Emotional Support Animals

We become countless feedback from landlords on tenants who take emotional back up animals. The acrimony comes in when they feel the post-obit scenario has taken place.

The landlord's dilemma with emotional support animals. #PropertyPains #RentPrep #ESA #renter @landlord pic.twitter.com/7aHWmEqxpf

— RentPrep (@RentPrep) Feb 2, 2018

This is a common theme that is developing where an interested renter searches how to get around a no pet policy and they state on a service like this.

This particular service is non saying, "Practice y'all suffer from feet and need a letter for your emotional support fauna?"

No… instead it's proverb we've got the solution to become around a no pet policy or loftier pet deposit. This is what frustrates landlords and why information technology's of import to mind to the podcast in a higher place and learn the pushback mechanics when you feel someone might take a dubious ESA letter.

Advice from a Seasoned Property Manager on ESAs

Tracy Streich of Renters Place in Tulsa, OK joined united states of america for a live Facebook interview.

He manages over 500 single family homes and has a lot of experience dealing with tenants and ESAs.

If you skip ahead to the xix:fifty mark in the video below you lot can hear his insights.

Disabled Tenants and Assist Animals

Instead of learning the hard manner and getting in trouble with the police force for bigotry, learn virtually the dissimilar kinds of assistance animals and what atmospheric condition must exist before you are required to allow them into your rental property.

Reasonable accommodations are defined as when a tenant asks a landlord to make a alter in an existing rule or policy and then they have an equal opportunity to savour the unit and surrounding holding.

In gild to qualify for reasonable accommodations due to disability, the tenant must meet the following conditions:

Take a physical or mental damage that substantially limits one or more than major life activities (such as walking, seeing, working, cleaning, dressing, and then along),
Have a history such impairments,
Be regarded as having such impairments.

(Fair Housing Deed and the Americans with Disabilities Human action)
In that location are a range of concrete and mental disabilities and there is only and so much information you are entitled to go from a tenant. Of class, landlords cannot refuse to rent to tenants with disabilities nor can you lot ask applicants and tenants about the details of any conditions. Sometimes the disability is apparent, such as a tenant in a wheelchair, merely many times a person's disability is not obvious to observers.

In that location are many laws that protect tenants with disabilities and landlords are required to make reasonable accommodations for them to live in a rental belongings. Lawmakers take determined that in most cases, help animals are not outside the definition of reasonable accommodations for disabilities.

In Apr of 2013, the Housing and Urban Development clarified the weather condition for help animals. Essentially, the ruling states that people with disabilities may request reasonable accommodations for any assistance animal, including emotional support animals. HUD separates assistance animals into 2 categories–service animals and support or companion animals. It also sets up two conditions that, if the answers are yes, the landlord must let the assist fauna.
Here are the ii conditions:

Does the person requesting the animal indeed have a diagnosed disability that that impacts major life activities?
Does the person requesting the brute have a disability-related need for information technology and will the animal aid, perform tasks or perform services for the disabled person?

If it'south no to either, you practice not have to allow the assistance animal. If it is yes to both, the exceptions must be fabricated in virtually cases.

What is a Service Animal?

Another important footstep for you in dealing with a tenant request for an assistance brute is to understand the 2 types—service animals and companion animals. According to the Americans with Disabilities Act, a true service creature is a canis familiaris trained to provide assistance to the owner who has a inability. While in some special circumstances miniature horses can be licensed service animals, dogs are generally the only animals that legally tin can be true service animals.

Service animals must provide a office that the owner cannot do on their own. Maybe the most familiar service animals are seeing middle dogs or guide dogs who aid the bullheaded to get around. Other examples of service dogs include those for hearing impaired owners who rely on the dogs to alert them to sounds, dogs that pull wheelchairs or option up things for wheelchair-spring owners, and dogs that are trained to alert owners of impending medical conditions like seizures or insulin imbalances.

The key gene in what elevates a service animal over a pet is training and documentation. Service animals are carefully trained by experts or their owners to practise their tasks. A service beast's owner might possess identification papers and the animal often wears some kind of identification collar or harness (but not e'er). Service animals are generally well trained, well behaved and take their "job" seriously.

Landlords and Service Animals

The requirements for landlords to make allowances for a service beast to reside in a rental unit are definitely addressed by The Federal Fair Housing Act and the Americans with Disabilities Human action as a reasonable accommodation for tenants with disabilities. In other words, the courts consider a tenant's utilise of a service animal every bit an accommodation that should exist exterior any landlord'southward no pet policy. You should be cautious in challenging a tenant'due south right to a service animal.

Here are a few central points for landlords to know:

Fifty-fifty if a landlord has a no pet policy in place, the constabulary does non consider service animals as pets and therefore the service animal is exempt from such a restriction.
Service animals are allowed anywhere a person would go, including food areas that would normally restrict an animal's presence.
Landlords cannot charge a pet deposit or pet fee for service animals, yet the tenant is liable for any impairment that the service animal may cause.
Landlords can require written verification from the tenant's health care provider that they are disabled but cannot ask for any specifics nearly the disability.
Landlords can crave written verification from the tenant'south health care provider that the service beast is needed.
Landlords can asking copies of the animal's health records to prove the animal is in good health, parasite-free and immunized/vaccinated.
Landlords tin can write warnings or even adios a tenant with a service animate being if the animal is agonizing others, posing a threat to others or causing considerable damage to the property.

In other words, you can ask for appropriate paperwork apropos the tenant's need for the service animal and to verify the animal'due south health.

Ultimately, for tenants with a diagnosable disability who crave the assistance of a service animal, landlords must allow service animals in the rental unit and brand reasonable accommodations for both the tenant and the animate being.

What is a Companion Fauna?

An emotional support animal (ESA) or companion animal is 1 who helps people with mental disabilities. Studies show that often, people disabled with conditions similar feet, depression, autism, or postal service-traumatic stress tin can alleviate symptoms with an emotional support animal. I of the major differences betwixt a companion animal and a service beast is that there are no species or breed restrictions. In other words, an ESA could exist a canis familiaris, cat, lizard, bird, monkey, ferret, ophidian or other animal.

The other major difference between a service animal and a companion fauna is that they don't need to have any grooming nor perform whatever concrete
task. Their purpose is to provide companionship and comfort to the owner. ESAs exercise not even need basic behavior training to authorize. The critical component of a companion creature for a disabled person must be that there is a significantly identifiable relationship, known in legal terms as a nexus, between the tenant's disability and the demand for a companion creature. In other words, the health care professional and the tenant must be able to bear witness a nexus betwixt what the companion animal provides and the person's disability in order for the animal to qualify as more than just a pet who makes them feel practiced.

According to the Americans with Disabilities Deed, a companion fauna does not qualify equally a service animal and therefore they are not generally immune in public places, like restaurants, every bit service animals are. The Fair Housing Act allows for companion animals in rental units but not necessarily in common areas like a pool expanse or courtyard.

In short, the laws create a state of affairs where the qualifying standards are ready adequately depression for tenants to qualify for companion animals and many landlords feel frustrated at the restrictions the laws place on them to be able to regulate animals in rental properties.

Landlords and Companion Animals

The Federal Fair Housing Act and the Americans with Disabilities Act require landlords to provide reasonable accommodations for tenants with disabilities, and companion animals do qualify. Remember, to authorize for a companion brute, tenants must accept a qualifying disability and be able to demonstrate a nexus.

Hither are a few fundamental points for landlords to know:

Companion animals must follow the same reasonable rules that apply to pets as far every bit waste matter, ternion restrictions damage, noise and safe.
Landlords may have some say in setting limits on size, species, breed and number of companion animals and several tenant companion brute requests take been considered unreasonable and upheld by the courts, while others have not. For example, the courtroom may find a single cat as a companion animal is reasonable, whereas five cats might easily exist considered unreasonable.
Landlords cannot accuse pet deposits or pet fees considering the police doesn't consider companion animals every bit pets.
Landlords can request a written statement from a wellness intendance provider confirming the tenant's disability and the nexus of a companion animal and confirmation that its presence will ease the disability.
Landlords can require health and wellness documentation for the companion animal, such as immunization/vaccination records so forth.
Landlords can all the same write warnings, deliver official notices or even evict the tenant and companion animal for things like excessive noise, property impairment, behavior issues or whenever the companion animal might threaten the safety of other tenants.
Landlords can refuse to allow certain companion animals if the animal will present undue hardship or expense for the landlord's business organisation. An example of this is when a landlord'southward insurance company volition raise rates or drop coverage for sure dog breeds to live on the property that are considered too aggressive, like pit bulls.

Many of the court cases involving landlords, tenants and animals center on the laws, rules and regulations about companion animals, not service animals. To outsiders, it is difficult to distinguish betwixt a companion animal and a pet. It'southward important that you lot work closely with your attorney when information technology comes to tenant requests for companion animals to ensure you lot are following federal, state and municipal laws regarding reasonable accommodations.

Common Conflicts with Help Animals

The Federal Fair Housing rules treat a service fauna and a companion animal in much the same fashion, with laws and rules similar for both. Withal, landlords often take more conflicts when information technology comes to companion animals versus service animals because the differences between them are so vast.

Because service animals are express to a couple of species, rigorously trained and therefore much better behaved, few landlords have issues with them. However, companion animals cover a range of species, breeds and behavior.

Here is a quick list of common landlord complaints about companion animals:

There are no clear guidelines on what kind of animal can exist a companion creature nor any restrictions on size, breed, or even number.
There are no guidelines on how the tenant chooses the companion animal.
At that place are no requirements for preparation, socialization or behavior standards.
Landlords cannot question the training level of the animal.
There is great leeway in who tin prescribe an assistance beast; it doesn't have to be a md, just someone qualified to treat a disability.
Landlords cannot question whether other options also an animate being are possible in treating the tenant's disability.

Pet Addendum for Lease

We recommend going with the Pet Addendum provided by Rocket Lawyer. This addendum volition give yous further protections in your charter and the document was created by lawyers with landlords in mind.

The link above is an chapter link and will not create any additional charge for landlords. It's a reputable service that nosotros rely on for specific addendums to the charter.

Can Landlords Deny Aid Animals?

There are a few situations where you lot tin can deny assistance animals merely in doing then, you run the gamble of getting into legal trouble if you take not covered all your bases and consulted with your landlord tenant attorney.
Here are a few reasons a landlord could deny a tenant's asking for a an assistance animal or start the eviction process against the tenant based on the animal:

The tenant is non legally disabled or cannot bear witness it in writing via a wellness intendance professional.
The assistance beast is not prescribed for the treatment of the tenant's specific disability or no nexus is demonstrated or backed up in writing by a wellness intendance professional.
The assistance beast would create an undue burden, such equally keeping a miniature horse in a high ascent apartment where there is no facility for housing such an animate being.
The assist fauna is illegal or otherwise not immune according to state or municipal law, such every bit an exotic fauna or a unsafe breed of animal.
The beast is a direct threat to the health and safety of other tenants which cannot exist reduced or eliminated.
The assistance animal creates "an undue financial brunt or authoritative burden on the landlord."
The presence of the animal "fundamentally alters the nature of the housing provider's operations."
The tenant won't have responsibility for the animal, such equally cleaning up waste material, letting information technology run costless, or resolving noise problems.

Each of these situations are reflected in a handful of court rulings that went in favor of the landlord. However, yous should definitely consult with an attorney before issuing notices, warnings or starting the eviction process against a tenant with an assistance animal to ensure yous stay clear of whatsoever violations.

Exploiting Assistance Animals

Ane thing landlords everywhere should exist aware of is the growing trend for applicants and tenants to present imitation assistance animals in order to skirt standard pet rules and fees. There are plenty of websites that volition allow people to register a domestic dog as a "service" canis familiaris and provide a badge or belong with a certificate, just for a fee.

Other people may try to present forged doctor or therapist note almost a companion animal in an try to get around a landlord's no pet policy. If you suspect this is the instance, it's okay to wait the medical professional up on the state licensing board and verify their identity. It's likewise acceptable to contact the letter of the alphabet writer's part and explain yourself and ask for confirmation that the medical professional did indeed write the alphabetic character. A quick cyberspace search tin also weed out a fee-based certification or companion animal setup as well.

Landlords should be conscientious not to requite the impression that they are harassing or otherwise doubting the tenant'southward request, simply just doing due diligence in confirming the document. Off-white housing laws generally crave that the person providing a tenant's documentation about the disability must be a person "who is in a position to know" about the tenant's disability. Information technology's entirely within your rights to confirm that a legitimate health professional has prescribed the companion animal for the tenant.

In short, examining a tenant's request for an assistance animal is quite complicated and there is no quick way to figure out the various facets of each individual instance. With the help of a landlord tenant attorney and becoming familiar with the laws in place, landlords can ameliorate navigate the murky waters of assistant animals in rental properties.
FAQs on Service Dogs and Emotional Support animals

Can a landlord refuse a service dog

Many times renters and landlord confuse the departure betwixt a service dog and an emotional back up beast. A landlord cannot deny a renter the rights to a legitimate service domestic dog. All the same, if there are restricted breeds co-ordinate to their insurance policy they will need to consult with their insurance visitor to brand sure they won't lose insurance based on the breed of the animal.

Tin a landlord refuse a service domestic dog based on breed

Co-ordinate to HUD.gov, "Breed, size, and weight limitations may not exist applied to an assistance animate being." This, yet, is debated because some insurance companies have restricted breeds on their policy. Some landlords refuse service animals if their insurance policy will be dropped. This is something the landlord should hash out with their insurance agency.

Source: https://rentprep.com/property-management/landlord-guide-assistance-animals/

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