may request proof of need, which must be provided by a “qualified professional or person in the position to know if the need for the assistance animal is not obvious. In addition, the documentation should indicate the benefit that the assistance animal provides. This documentation cannot be requested when the disability and need for the assistance animal is readily apparent.” What if modifications to the property are necessary to accommodate the assistance animal? A housing provider may not refuse the person with a disability from making “reasonable modifications of existing premises ... if such modifications may be necessary to afford such person full enjoyment of the premises” at his or her own expense. CAN THE LANDLORD HAVE A “NO PETS” POLICY? Yes, you can have the policy. Does having such a policy qualify you, as the landlord, as exempt from the FHA requirements? No. Individuals with a disability may ask to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions, including, for example, a request to live with an assistance animal at a property where a housing provider has a “no-pets” policy or a request to waive a pet deposit, fee, or other rule as to an assistance animal. IS THE TENANT REQUIRED TO PAY A FEE FOR AN ESA? The FHA does not permit the landlord to charge any additional fees to tenants who have an ESA, even if the contract states that animals are not allowed or if there is a pet fee. THE EXCEPTIONS As a housing provider, you can still protect your property. You have the option to demonstrate how allowing
The purpose of the FHA is to protect people from discrimination, including those who lease a home.”
the animal on the property would cause one or more of the following problems: ▷ GRANTING THE REQUEST WOULD IMPOSE AN UNDUE FINANCIAL AND ADMINISTRATIVE BURDEN ON THE HOUSING PROVIDER. ▷ THE REQUEST WOULD FUNDAMENTALLY ALTER THE ESSENTIAL NATURE OF THE HOUSING PROVIDER’S OPERATIONS. ▷ THE SPECIFIC ASSISTANCE ANIMAL IN QUESTION WOULD POSE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHERS DESPITE ANY OTHER REASONABLE ACCOMMODATIONS THAT COULD ELIMINATE OR REDUCE THE THREAT. ▷ THE REQUEST WOULD RESULT IN SIGNIFICANT PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS DESPITE ANY OTHER REASONABLE ACCOMMODATIONS THAT COULD ELIMINATE OR REDUCE THE PHYSICAL DAMAGE. SURPRISE! A tenant with an assistance animal is not required to tell the landlord about the assistance animal before signing the lease. And there is no limit to the size or breed of the animal. Yes, you read that right.
Keep in mind that the law protects everyone in the case of a dangerous animal.
Persons who need an assistance animal should be protected, as should landlords’ businesses. If you have a question about renting your property to tenants who have assistance animals, contact the Lonergan Law Firm, PLLC, which has served the real estate investment community in Texas for more than 30 years. Call us at (214) 503-7509.
GAYLENE ROGERS LONERGAN
Copyright Gaylene Rogers Lonergan and Lonergan Law Firm, PLLC, 2024. All rights reserved. This article is provided for educational reasons exclusively and is not meant to be construed as legal advice. The Lonergan Law Firm, PLLC, will represent you only after being retained and that agreement is made in writing.
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