As most of you know, my general pet policy is that they are not allowed.
The way I see it, allowing pets opens you up to additional headaches, such as neighbor complaints, apartment destruction or even a more difficult clean up when a tenant moves out. All of which are circumvented by a strict no-pet policy.
Occasionally, if an apartment is difficult to rent, or a client is trying to get top dollar, I suggest allowing pets for the sole fact that this makes the apartment more desirable to prospective pet-loving tenants, who may not have many options for pet-friendly living.
However, did you know that even with a strict “no-pet” policy, you can end up having to accommodate a tenant with a pet?
It’s true.
The Americans with Disabilities Act requires Landlords to make reasonable accommodations when necessary to allow the disabled an equal opportunity to enjoy the dwelling.
I don’t think any landlord would argue about renting to a blind or visually impaired, deaf or hearing impaired tenant who needs a service animal to assist them with daily tasks such as as protection, rescue, pulling a wheelchair or fetching dropped items.
However, there is a second, more vague classification of service animal, called a “comfort animal.”
Unlike a service animal which is trained to perform physical acts to aid a disabled person, a comfort animal provides solely emotional benefits for a tenant. The animal does not have to be trained to provide comforting since its function is to be there, not to do a task.
No statute or regulation specifies that a landlord must allow a disabled person to have a comfort animal. However, people with mental health or emotional problems may be considered disabled under the Fair Housing Act. While comfort animals are not within the specific protections afforded service animals or dogs, disabled tenants may keep them in a no-pets apartment if they qualify as a reasonable accommodation and may be necessary for a disabled person to use and enjoy a dwelling unit.
Again, that seems fair and reasonable for a landlord to accommodate a tenant with a comfort animal.
However, recently tenants have gotten wind of the “comfort animal” loophole and are taking it upon themselves to get their dogs and cats certified as a service animal. While anyone can go to a web site to register their dog as a “service animal” and produce a certificate, a landlord can still request a letter from their health care provider, which will circumvent some false claims. However, many doctors will provide this letter without an actual diagnosis-herein continues the problem.
Until San Francisco gets stricter on its comfort animal policies, as the Federal law was recently tightened, pet-loving tenants are protected.
Best,
Natalie M. Drees
Broker/Owner