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— Property Management Quarterly — November 2015
S
ervice dogs and support ani-
mals are everywhere these
days – in stores, movie theaters
and other public areas.These
animals help people with phys-
ical, mental and emotional disabilities
lead more productive and active lives
by assisting themwith daily activities
such as physical tasks, alerting them
to nearby hazards, warning them of
impending medical conditions and
supporting them in emotional situa-
tions.
According to the Fair Housing Act,
the Americans with Disabilities Act
and the Rehabilitation Act of 1973,
there are two types of animals with
at least some protected legal status
– service dogs and support animals.
The legal protections afforded to these
animals are extremely important
for property managers to recognize
because failure to handle these ani-
mals correctly can be a costly and
time-consuming mistake.
There are many issues that property
managers could face regarding service
or support animals. For example, a ten-
ant or prospective tenant might want
to have a service dog in a unit that
would otherwise not permit an animal,
or a tenant might ask the property
manager to forego additional pet rent
or a pet deposit for a support animal.
The important question weighing on
the prudent property manager’s mind
is, “Do I have to allow these animals
onto the premises?”The answer is
muddled because it depends on the
legal status of both the tenants and the
animals.
Service Dogs
A service dog is a dog that is indi-
vidually trained
to do work or per-
form tasks for the
benefit of an indi-
vidual with a dis-
ability. People with
disabilities have a
legally recognized
right to be accom-
panied by a service
dog. It is a viola-
tion of law to force
the person with
a disability to pay
an extra charge for
the service animal,
to segregate the person or service
animal, or to otherwise single out
and restrict the individual for hav-
ing a service dog unless the dog is
not housebroken or is out of control.
Basically, a service dog should be
allowed on the property in the same
way that you would allow a person
with a disability to keep a cane or a
wheelchair.
Unfortunately for property manag-
ers, identifying a service dog is not
always an easy task. Service dogs
are not required to wear identifying
vests or other clothing. Furthermore,
they don’t have to be registered or
have professional training.
Property managers also are pro-
hibited from asking people with dis-
abilities invasive and personal ques-
tions regarding their disabilities.
Rather, property managers essen-
tially only can ask two questions:
1.Is the animal required because
of a disability?
2.What work or task has the ani-
mal been trained to perform?
The consequences of violat-
ing federal laws related to service
animals can be
severe. Initially,
the court will issue
an order requiring
the property man-
ager to do what
the person with a
disability wanted
in the first place.
Furthermore, the
property manager
may have to pay
for the other par-
ty’s attorney’s fees,
expert-witness
costs and court
costs. Additionally, civil penalties for
a violation could be anywhere from
$75,000 to $150,000.
Support Animals
Support or assistive animals pro-
vide physical, mental and emotional
support for symptoms or disabilities
but are not trained to perform tasks
for their people directly related to
their disabilities.
Assistive animals are not afforded
the same legal protections as ser-
vice dogs under federal law. Howev-
er, businesses, public accommoda-
tion providers and housing provid-
ers must permit the use of animals
that provide assistance, emotional
support, or perform indirectly relat-
ed tasks to alleviate a symptom or
effect of a disability as a reasonable
accommodation.
Under federal law, a reasonable
accommodation request can be
denied only if allowing the animal
would impose an undue burden,
fundamentally alter the nature of
the services provided, pose a direct
threat to the health or safety of oth-
ers, or cause substantial physical
damage to the property of others.
However, concerns about the ani-
mal’s size or weight, as well as fears
stemming from the type of animal
or breed, do not qualify as posing
direct threats or causing physical
damages.
Basically, when evaluating a rea-
sonable accommodation request, a
property manager should consider
the following factors:
1. Does the person seeking the
accommodation have a physical or
mental impairment that substan-
tially limits one or more major life
activities?
2.Does the person have a disabil-
ity-related need for an assistance
animal?
3. Would granting the request
impose an undue financial and
administrative burden?
4. Would granting the request fun-
damentally alter the nature of your
services?
5. Does the specific assistance
animal pose a direct threat to the
health or safety of others?
6. Does the specific animal pose a
threat to cause substantial physical
damage to the property of others?
Service dogs and support animals
contribute to the health and enjoy-
ment of your disabled customers
and tenants. Follow these guidelines
to avoid the severe penalties that
can result from violating the federal
and state laws that protect these
animals and their owners from dis-
crimination in businesses, public
accommodations and housing.
s
Legal
Donald “Corky”
Eby
Attorney, Robinson
and Henry PC,
Castle Rock
Kayla Weeres
Law clerk,
Robinson and
Henry PC,
Castle Rock
