Apartment Trends Magazine February 2016 | Page 27

ASK THE LAWYER MARK TSCHETTER | TSCHETTER HAMRICK SULZER Assistive Animals F.A.Q. Does a landlord have to allow assistive animals at no pet communities or no pet properties? Yes. Assistive animals are not pets. Assistive animals are necessary for a disabled tenant to use and enjoy the rental on the same basis as a non-disabled individual. Under fair housing laws, disabled tenants are entitled to an exception to any “no pet” policy if they meet the legal requirements. A disabled tenant’s legal right to have an assistive animal, to meet a disability related need, is called a reasonable accommodation. Failure to accommodate a qualified disabled tenant, by allowing an assistive animal at a no pet community, is housing discrimination and subjects the landlord to significant legal liability. If the tenant’s animal does not perform a service, do we still have to allow the animal? Yes, if the tenant meets legal requirements. While the rental industry consistently uses the term “service animal”, the proper term is “assistive animal”. An assistive animal is either a service animal or an emotional support animal, also known as a companion animal. Service animals perform a service for the tenant or provide a disability related benefit. An emotional support animal lessens a tenant’s disability related symptoms or provides other disability related benefits. Under fair housing laws, if a disabled tenant has a disability related need for an emotional support animal, you must accommodate the tenant by making an exception to your no pet policy, just as you would be required to make such an exception for a disabled tenant requesting a service animal. Can we require the tenant to provide documentation? Maybe. If the tenant’s disability and need for an assistive animal is obvious, then you may not require documentation. If the tenant’s disability and need for the assistive animal is not obvious, then you may require documetation. You should have well thought out and specifically defined policies for handling reasonable accommodation requests in general, and specifically for handling assistive animal requests made by tenants. You should also attend a fair housing class which discusses how to properly handle reasonable accommodations in detail, including which forms to use when a tenant makes an assistive animal request. Is documentation provided by an Internet company suficient documentation of a tenant’s disability and need for an assistive animal? Probably not. Under the law, a person providing documentation must be in a position to know that the tenant is disabled and has a disability related need for an assistive animal. What legal requirements must a tenant meet to Generally, a company that generates revenue by churnhave an assistive animal? A tenant must meet three ing out assistive animal letters, based on ten minute requirements to be granted a reason