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Originally Posted by nicoleb2
If it is in the lease that there is a fee for dogs, the lady should definitely be charged that fee.
It is a puppy, therefore not a certified assistance animal, which means the lady cannot use that as an excuse.
She wanted a puppy, she got a puppy. If anyone else wants and gets a puppy, they are charged, this lady should be too. This is not a service animal we are talking about (it would have to be certified, which doesn't happen as a young puppy)
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I just wanted to clear up a couple things here regarding service animals and certification.
Legally there is
no certification required for a service animal. None. Nadda. It does not exist. If someone presents certification, it's either a program's way of saying "Yes, we trained this dog", or if it's not from a program then it's likely from a scam website. The ADA does not require ID or certification for service animals.
With that said, there are requirements in having an
emotional support animal in no pet housing.
Emotional Support Animals in Housing | Service Dog Central
If they fulfill these requirements properly, they cannot be charged pet fees- but they are still liable for any damage the pet does.
It is important to note that having a diagnosis of a mental illness, by itself, is not sufficient to qualify a person for an ESA unless that illness is so severe it disables them. Only a judge can truly determine whether a person is legally disabled. However, a doctor can probably make a medical determination of a person's disability and on that basis prescribe an ESA. To qualify as disabled under federal disability rights laws, a person must experience substantial limitations on one or more major life activities because of their mental illness.
As a landlord you are allowed to request official documentation of disability and a prescription for the ESA. If they fail to provide you with the right information, you are able to charge them the regular fees.
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To make things interesting, if your tenant does say, specifically, that the dog is a service dog, general rule is you're basically obligated by law to take their word for it. (
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Not in the case of housing. The ADA is for public access and that's the law that states businesses aren't allowed to question past the two standard questions 'Is this a service dog- what does it do for you' essentially. Housing laws are different. Landlords are allowed to request official documentation of disability and need for an SD/ESA.
http://servicedogcentral.org/content...mal%20Memo.pdf for some good information