Where In The State Of Florida Should I Register My Service Dog And What Documentation Do I Need

When managing a rental property, whether information technology is pet-friendly or non, yous will most probable encounter tenants with service dogs. As a landlord, you are permitted to inquire your tenant for specific documentation. However, y'all must always keep accessibility and fair housing laws in mind. Go on reading to acquire most landlord-tenant rights regarding service dogs and the kind of proof that yous are allowed to inquire for.

Types of Service Dogs

It's essential to understand the differences betwixt the types of service dogs people can have. Non all of these dogs have the same skills or rights. Here are the 3 chief kinds of service dogs and their specifications:

So, in theory, the 2 types of dogs that you'll be encountering are service dogs and emotional support animals (ESA). (Go on in mind that a tenant may accept an emotional support beast that is non a canis familiaris.) There are a variety of subsets of service dogs that are trained to help people with unique disabilities. For instance, some service dogs may specialize in guiding individuals who are bullheaded or alerting their owners of dangerously high or low levels of blood saccharide.

Service dogs have special training to help their owner with their detail disability. An emotional support dog, on the other hand, does not have whatsoever special training. This is but an brute that provides condolement and companionship to an private with mental health issues. A licensed therapist, psychologist, or psychiatrist will normally write an ESA letter to verify that the patient needs the canis familiaris to improve their condition.

Reasonable Accommodations

If your tenant has a disability, they are able to request reasonable accommodations for their status. Reasonable accommodations are changes in property rules, policies, or practices so that a person with a inability can live in or use a housing unit. Note that there are certain requirements all units must run across regardless of the presence of a tenant with a disability. All rental units must have:

• An accessible route into and through the unit.
• Accessible light switches, electrical outlets, thermostats, and other environmental controls.
• Reinforced bathroom walls to permit later installation of grab bars.
• Kitchens and bathrooms that tin be used by people in wheelchairs.

Reasonable accommodations include waiving a "no pets" policy for someone who requires an assistance animal.

Landlords are Non required to make a reasonable adaptation under the Fair Housing Act for service dogs in these cases:

• Buildings with four or fewer units where the landlord occupies one of the units
• Single-family housing sold or rented without a real estate broker
• Hotels and motels are not considered dwellings under the Fair Housing Act simply are considered places of public adaptation nether the Americans with Disabilities Act (ADA)
• Private clubs

General Landlord Requirements

In full general, a landlord:

• Can not require a pet deposit for a service canis familiaris or emotional support beast. Notwithstanding, the owner of the service animal is liable for any amercement, beyond wear and tear, that may exist caused by the dog. This includes teeth marks on trim, carpet torn by a canis familiaris'due south digging, and carpeting soiled by dog waste or vomit.
• May require some sort of proof of disability every bit a condition of accommodation, and some sort of proof the animal in question is a trained service animal or emotional back up animal verified past a licensed mental health professional.
• Is permitted to exclude a dog, including a trained, certified service dog, if the presence of the animate being poses a direct threat to the safety of those located on or virtually the premises. The dog may also be banned from the property if it interferes with the covenant of quiet enjoyment of other tenants or neighbors. However, the landlord may choose to permit the tenant to stay, equally long as the domestic dog is no longer present.

Kinds of Documentation You tin can Enquire For

Here is the kind of documentation you are immune to ask for if your tenant claims to have a service domestic dog or emotional back up dog. Service dogs and ESAs are not the aforementioned and they are treated differently nether federal police. Landlords may require medical documentation for ESAs, but not for service dogs.

• A letter of the alphabet from the tenant's licensed therapist, psychologist, or psychiatrist stating that they demand the canis familiaris to aid alleviate their symptoms. The letter should exist an official certificate with the letterhead of the mental wellness professional along with their contact information, telephone number, and email accost. The letter of the alphabet should also include the professional's license number. As a landlord, you can verify the letter in a number of ways. Keep in mind, however, that you may not, for any reason, have straight contact with your tenant's therapist/psychologist/psychiatrist. Nowadays, it's very piece of cake to produce fake ESA letters. You can verify your tenant's letter by:
  • Politely talk to the tenant and inquire them about the letter. Remember not to be accusatory; your tenant has chosen to disembalm to you that they need special accommodations, then always be considerate.
  • Looking upwardly the mental health professional's license number and verifying its validity. You tin do this by visiting the country website for their clinical discipline and entering their license number. If yous accept trouble, your tenant should be able to obtain a screenshot of their advisor's or doctor's license verification by contacting them. Detect the link to your land'due south license bureau here
  • Asking the tenant to have their mental health professional fill out a reasonable accommodation form. Here is an example of the certificate found online.
• Identification of the service canis familiaris, such as a photo.
• Verification from the tenant (or their family member/caretaker), in writing, stating (1) that the tenant or a member of his or her family is a person with a disability; (two) the demand for the animal to assist the person with that specific disability; and (3) that the animal really assists the person with a inability.
• Copies of the beast'southward medical records to ensure they are in skillful health, parasite-free and immunized/vaccinated.

What You Tin can Not Enquire For

The following items are the kinds of proof y'all are non allowed to inquire for:

• A service canis familiaris's certification or training papers. While you are allowed to inquire for some sort of proof of a dog's role every bit a service dog, you are not necessarily allowed to ask to see certification. This is considering of the rules outlined by the ADA employ to housing equally well.
• Access to a tenant'due south medical records.
• Specific information well-nigh the tenant'south disabilities. You are not allowed to ask any questions like:
  • "Do you lot take a inability?"
  • "How severe is your disability?"
  • "May I have permission to run across your medical records?"
  • "Have yous always been hospitalized because of a mental disability?"
  • "Have you ever been in a drug rehabilitation program?"
  • "Exercise you take medications?"
  • "How long have you been in therapy?"
  • "How many sessions have yous had with your therapist?"

You should never harass or charge your tenant of lying. If yous ask your tenant whatever of these personal questions, your actions may be considered discriminatory and in violation of the Off-white Housing Act.

Refusing Service Dogs

In rare cases, it may exist possible to restrict a tenant from having a service dog. A landlord is permitted to refuse accommodation for a service brute based on breed if allowing the animal would be unreasonable. For example, if your insurance carrier drops your coverage considering of a restricted breed on the premises, yous may be able to reject the service dog.

Some dog breeds are considered "dangerous" and many insurance companies alter policies because of the supposed higher risk involved. The dogs believed to have a propensity for violence are Pit Bulls, Rottweilers, Doberman Pinschers, Chows, Akitas, Alaskan Malamutes, German Shepherds, Siberian Huskies, St. Bernards, and Wolf Hybrids. It besides includes any mix of the domestic dog breeds listed.

Here are some other reasons where you may have the correct to deny a service dog or evict a tenant because of the canis familiaris:

• The tenant is not legally disabled or cannot evidence information technology in writing via a health care professional.
• The assistance animal is not prescribed for the treatment of the tenant's specific disability or no nexus is demonstrated or backed up in writing by a health care professional person.
• The assistance creature would create an undue burden.
• The aid fauna is illegal or otherwise non allowed according to state or municipal law.
• The animal is a straight threat to the health and safety of other tenants which cannot be reduced or eliminated.
• The presence of the animal "fundamentally alters the nature of the housing provider'due south operations."
• The tenant won't take responsibility for the animal, such as cleaning up waste product, letting it run free, or resolving noise issues.

No matter what, y'all should ever be aware of your country laws, the Off-white Housing Human action, and your requirements for accessibility.

Source: https://ipropertymanagement.com/blog/service-dog-documentation

Posted by: onealcastocired.blogspot.com

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