'Companion animals' stir controversy / LJWorld.com

Business

By David W. Myers

May 4, 2007

Federal law generally allows a tenant to have a "companion animal," even if the lease says that no pets are allowed.

Q: I own a duplex, and I rent the two units out to tenants. Both have a strict "no pets" clause in their lease. However, one tenant now has acquired a small dog and says she's able to keep the pet because her psychologist says the dog is a "companion animal" to help her deal with depression. What can I do?

A: Sorry, but I'm afraid that you probably will have to let the tenant keep her dog despite the "no pets" clause in the rental agreement that she signed.

A growing number of mental-health professionals are recommending that their patients get an "emotional-support" or "companion" animal to cope with their depression or other psychological problems. Much like blind people who must depend on guide dogs, most of these tenants are protected by federal fair-housing laws, even though they often can function physically as well as any other able-bodied person.

Many landlords think that some tenants are abusing the emotional-support-animal provision of the federal law just so they can have a dog, cat or other type of animal in a building where they knew no pets were allowed when they first signed their lease.

Such problems are compounded by the fact that most landlords not only must comply with the nation's complex set of fair-housing laws, but also must adhere to an equally complicated - and sometimes contradictory - group of rules established by the federal Americans with Disabilities Act of 1990.

Among the dichotomies: While the Fair Housing Act requires property owners to "make reasonable accommodations" for their tenants' health needs, the Americans with Disabilities Act generally prohibits owners from asking for details about the physical or psychological problems that supposedly require the special accommodations.

This means that if a tenant in a "no-pets" building suddenly requests to keep an emotional-support dog or similar animal in the unit, both the property's owner and manager can be sued and even face jail time if the request isn't granted. Yet, because the ADA makes it illegal to ask about someone's disability, landlords often give in to the tenant's demands without having any solid evidence that the pet truly is needed.

In short, you probably will have to allow the tenant to keep her dog - especially if she has a letter from a doctor or other health-care provider that states the animal is needed for her personal well-being.

If it's any consolation, flight crews at American Airlines have had to make room for everything from miniature horses to emotional-support monkeys in their cabins so their owners wouldn't have to fly alone, says Tami McLallen, a spokeswoman for the carrier.

Q: I am planning to sell my condominium. I have interviewed three different real estate agents, and all three want to charge a 6 percent sales commission. Aren't commissions supposed to be negotiable?

A: Yes, federal antitrust laws clearly state that real estate sales commissions are negotiable.

Although most agents charge 6 percent of a home's selling price as a commission for their services, others will accept 5 percent or even less - especially if their sellers are willing to hold the "open house" events or handle other marketing duties themselves.

Discussion

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4 May 2007
at 10:07 a.m.

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bearded_gnome (Anonymous) says…

most of the emotional support or companion dogs are not at all trained or socialized up to the standard of guide dogs or other more traditional service dogs. this has caused a large controversy in that people claim these dogs have a right as well as the service dogs, but their public behavior is poor or even sometimes distructive.

if the feds want to broaden the service animal definition, they must also extend the appropriate standards. otherwise, the bad behavior of ill-prepared animals will cause the good dogs to lose social acceptance.
4 May 2007
at 10:53 a.m.

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bearded_gnome (Anonymous) says…

try this:
www.guidedogs.com

good guide dog school.
4 May 2007
at 10:54 a.m.

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smitty (Anonymous) says…

I highly support the use of companion dogs.

A couple of examples…
One of my friends is deaf. Her dog is a companion dog that is not trained to the specifics that you advocate. In fact it's a little bit on the grumpy side. However the little dog let's her know when the phone rings or if someone is at the door when she doesn't have on her hearing aid. The dog was not trained for this. It is what happens in a relationship between the animal and owner that developed the assistance. Perfect!

The other is a companion dog for mental health. This individual had to put down a companion dog of 18 years just last year. Twice this individual went into the psyche ward while in mourning and suffered many months of extreme depression.

It took until a couple of months ago to replace that companion dog with the right animal. Now, no more suicide attempts or threats or crying for days at a time. This new dog is not trained as a service dog. The amount of assistance is immeasurable though. Lots of slobery kisses, hugs, unconditional friendship.

I am forever grateful for the pup, Shy Anne, who is a life saver. As a primary care taker of this adult and someone with my own health problems, this animal has relieved me of hours of doctors visits, hospital visits, trips to the phramacy for scripts, phone calls to check on a suicidal loved one, sleepless and worrisome nights.

Since our health system mandates most mental patients to live independently then the companion dog is totally right to ease the isolation and lend to the affection and companionship we all need.
4 May 2007
at 12:45 p.m.

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Ragingbear (Anonymous) says…

Most comfort animals are just that. Comfort animals. They are there to provide comfort to their owners. Most of the time this is a dog or a cat, but the Supreme court case that produced this ruling involved a 6 foot python.

However, these comfort animals are not guide dogs, and are not needed for standard social interaction. What that means is that they need to stay home. They are not to be taken into stores and coffee shops because you think it's neat.

You also actually need a prescription for a comfort animal. You would need a psychological doctor qualified to state so on a legal form. This form would be part of your file. Unlike the uninformed individual that acted like he knew what he was talking about, but didn't, a landlord has a right to ask for such a statement. Such statements do not divulge any part of the diagnosis of the individual, and hence does not violate confidentiality laws.
5 May 2007
at 10:36 p.m.

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bearded_gnome (Anonymous) says…

Smitty,
I fully endorse what emotional support, comfort, and companion animals do. my own dog assists in my own rehabilitation but he has had no formal schooling and it is not fair to him to try to take him to many places.

what I wanted to point out is that there's a long-lasting controversy about these kinds of dogs, and how some people are bringing their dogs out of the home where they belong, or in their familiar circumstances which they are prepared to function within. an organization of the blind has passed a resolution regarding this controversy, too.

just let me be very clear Smitty, I'm certainly not against the good benefits you listed, and I don't question them at all, being a dog lover myself and the beneficiary of decades of dog work and companionship.
7 May 2007
at 10:17 a.m.

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FatTony (Anonymous) says…

Emotional support monkeys, sign me up.