Sep
01
can a landlord make you paya deposit on a service dog in training?
ByMy land lord wants to charge me a pet deposit for my service dog in training. I have a letter from the ada and from my dr saying i need this dog.
Stop Your Dog’s Annoying Barking
10 Comments
September 1st, 2011 at 8:35 PM
The landlord is not telling you you cant have a dog there. He is just asking for a pet deposit because he is a dog and could make a mess. That is legitimate and legal to ask for a pet deposit for any pet.
September 1st, 2011 at 9:00 PM
Yes, you landlord can ask for a pet deposit for any dog to insure that the dog does not do any damage, regardless if it is a service dog or a family pet.
September 1st, 2011 at 9:12 PM
Maybe. Until your dog is an ACTUAL SERVICE DOG, it is not covered by the ADA laws, unless your state/county/city makes exceptions for them, which most do not.
Once the dog is fully a service animal, it is covered, meaning NO deposits or pet rent can be charged.
There is an excellent thread here on the subject: http://forum.freeadvice.com/civil-rights-discrimination-law-101/service-dogs-training-296723.html
****** NO, a landlord CANNOT charge a pet deposit on a service animal. Period. ******
But, a service dog in training is NOT yet a service dog and is subject to local laws, not the ADA/FHA laws.
http://www.landlordassoc.org/articles/WhatLandlordsShouldKnowAboutServiceAnimals.pdf and http://www.deltasociety.org/Page.aspx?pid=489 offer supporting documentation about deposits.
I already linked to information on Service Dogs in Training.
On top of that, a landlord is NOT required to accept a service dog if it’s a private rental or if they are not covered under the Fair Housing Act.
I KNOW that this question has been asked in the past and I was STUNNED at the number of top contributors and alleged landlords and “real estate tycoons” who don’t know the basic service dog laws. Of course, a certain top contributor answered and cheated to get the Best Answer, even though she gave the wrong answer (no surprise there, you don’t get to be #1 without cheating and having 60 screen names).
September 1st, 2011 at 9:34 PM
Yes. ADA states that the landlord MUST accept a trained service dog….but the laws also states that the landlord can still charge a pet deposit.
September 1st, 2011 at 9:50 PM
Until the service dog completes training, it isn’t one, and thus the landlord can charge a pet deposit. A lot of dogs never complete their training, so it would be unfair to force landlords and others to give them the same rights as actual service dogs while they are in training.
September 1st, 2011 at 10:41 PM
Yes. It’s in training. It’s not a service dog yet.
September 1st, 2011 at 11:30 PM
Hey guys…The ADA does not apply to housing…the FHA does.
Service dogs in training are not covered under any federal laws. So, while a landlord can not charge a deposit for a service dog, they can for a service dog in training. But, there is a loop hole. What kind of disability do you have? I’m not trying to get overly personal, I’m trying to help.
The FHA does cover emotional support animals (ESAs) in addition to Service dogs. If you qualify for an ESA, then your dog can be classified as an ESA until they graduate to full service dog standing. Under the FHA, a deposit can not be charged for ESAs either.
Please feel free to send me a private message and I’ll help you.
September 1st, 2011 at 11:47 PM
Those who have dogs-in-training are not covered by Federal law, but may be covered under State law depending on which State you reside in. The “letter from the ADA” and the “doctors note” mean nothing because the dog is not a working service dog, and the ADA does not apply to most housing situations. The FHAA (Federal Housing Act Amendments) is the entity which oversees housing, and it makes no reference to dogs-in-training, only to working service dogs.
If your individual State has laws which grant protections to those who have dogs-in-training, that is where you need to look.
If your State does not give the handler of a dog-in-training additional protections, you will have to pay the pet deposit, but the deposit will have to be returned when the dog becomes a working service dog. Even with a working service dog, the handler is still responsible for any and all damage which may be caused by the animal, it is just that a pre-damage deposit cannot be required.
September 2nd, 2011 at 12:34 AM
Yes; your landlord cannot legally say no to a certified service dog, but it is still subject to all pet requirements (fees, deposits, etc).
If your dog is still in training and not certified yet, your landlord doesn’t have to accept him at all. Your letters are irrelevant and will do you no good. If you don’t agree with the pet costs, move elsewhere.
September 2nd, 2011 at 1:28 AM
FYI- Service dogs do not need certification under the ADA. So no one can ask you for “certification”. lilfarfa gave you the best answer, I suggest you contact her if you need help qualifying your SDIT as an ESA. She can help you get started in the right direction.