In one of our apartments we have a Professional Single Male (PSM) who moved in last spring. Now PSM wants his girlfriend to move into the apartment as well, and she has a service dog. We don’t generally rent to pets, and this is a high end apartment, so H is not in favor of it. H argues that we did not rent to HER, so we are not required to accommodate her and dog, in violation of the “no pets” policy. I feel that if the dog is indeed certified as a service dog, we should charge extra rent and allow the girlfriend and dog. This is a 3-unit, not a many-unit building where other tenants might be questioning why one tenant is allowed to have a pet (explainable anyways).
PSM has sent a fairly officious letter, so it seems as if they are willing to pursue whatever avenues are available to them. Anyone have experience with this sort of thing?
If the lease is only with him, and specifies that it is leased to PSM only, then you do not have to allow her to move in. When the lease is up for renewal, you can have her apply as a tenant too. She, with her dog, can visit as allowed in the lease and if it is not specified, then a reasonable amount of time should be allowed.
If she is allowed to move in, and it is really a service dog and not an emotion support animal or a pet, then the service dog is allowed. It is NOT a pet. I do not believe (but don’t know this for a fact) that you are allowed to charge extra for a service dog as a landlord would for a pet.
^His notice to us states that she has PTSD and this is a disability under the ADA and that this is an “emotional support animal”. Do they have to be specially trained animals? It’s New York State, if that makes a difference.
@sylvan8798 Focus first on the terms of the lease. Does the lease specifically list the tenant and state that he is not to move any other tenant in? If so, that resolves the issue and you should hold firm to that otherwise you can have tenants in other units start moving boyfriends/ girlfriends in and not be able to stop it if you allow this. It’s not about the dog, it’s about whether or not the girlfriend is entitled to be living there under the lease he signed. If the lease doesn’t prevent him from moving in other people and you are going to allow her to stay, have her added to the lease with a provision that pets are not permitted but service dogs are and require documentation. Service dogs are well trained and disciplined so your husband should not worry about the dog. I’d just want to know if it is truly a service dog.
I’m bookmarking this. We don’t have a rental, but we are members of a private club. We have a no pet policy…and in the case of an emergency, pets MUST be on leashes at all times.
We had someone come with an emotional support animal. No leash. No advance notice. We politely told,thenoerson tney could stay that day but the dog had to be on a leash at all times. They were NOT happy with us.
It’s an outdoor club…and really, some of the folks are afraid of dogs, allergic to dogs, etc. plus there is the clean up,issue.
If you are the only person who signed your lease (for rent control: if you are the only tenant of record),
Then you have the right to share your apartment with one other adult not related to you, and that person’s dependent children.
You do not have a right to a roommate if:
• you live in public housing or most subsidized housing, or
• if two or more people have signed the lease, and your lease does not expressly give you permission to live with an additional person.{/quote]
Ugh. It seems you can’t reject the roommate/girlfriend and she’s coming with the dog. Housing rights under the ADA are stronger than say, the country club’s right to reject a visiting animal.
If you have only three units the FHA may not apply to you. I agree with the other posters, contact a New York State lawyer. It’s important to note that landlord tenant laws are dramatically different in and out of NYC, so it’s best to call a local one.
If he has said it is an ESA, then I would contact an attorney to find out your legal obligations. So many people abuse the whole ESA that it really makes it bad for folks who actually have a service animal. If you google ESA, there are hundreds of links for documentation at low cost.
ESA animals aren’t technically service animals, but it seems to be a gray area in some areas.
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. I feel that if the dog is indeed certified as a service dog, we should charge extra rent and allow the girlfriend and dog. <<<
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If you will be required to accommodate the dog as a service animal then you will NOT be allowed to charge anything additional EVER. That is against the law.
The reason that ESA dogs aren’t really service dogs is because they aren’t trained like SA’s are, and they don’t perform a service for its human. A true SA is with his human 24/7. People who have ESAs take them along when it’s convenient or desired by them. ( i.e. A blind person with a SA would take his SA into a church for a fancy wedding, while someone with an ESA probably would leave yorkie Princess at home).
I recently had this discussion with a mom whose DD has an ESA. The DD conveniently takes the ESA on trips, planes, etc (for free) and forces her apt to allow it for free, but does not take the ESA to her job (restaurant server) or on dates.
We need more clarity with these laws because things are getting out of control and people are abusing.
I wonder if you are required to accommodate if you can insist that the dog be at the woman’s side all the time while in the apt. True SA’s aren’t roaming around the house or napping in other rooms. They are with their human.
Contact a Real Estate attorney. Don’t know how things go in NY, but here the real estate attorneys often own title companies since they do that work along with tenant/landlord stuff.
Chiming in to agree that you need a qualified attorney well-versed in your state’s laws as well as local landlord-tenant issues. This is worth a quick consultation, even for future reference.
Hopefully ESA animals don’t get the same accommodations as SA in your area for rental properties. Hotels, restaurants, and airlines seemed to have rolled over and don’t question much at all.
The problem with housing is that it’s a longer period and the ESA animal can’t be observed by management to see if properly behaving, etc.
I don’t know how it works in hotels, but I wouldn’t be surprised to learn that ESA and SA animals can’t be left alone in a hotel room. If so, then that may help with your case. People with ESA animals claim that they take their pet everywhere, but really they often don’t. I haven’t yet seen one in a movie theater or sports event. A true SA would be at every event and place and would never be left at home because they provide a service to the human.
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This is a 3-unit, not a many-unit building where other tenants might be questioning why one tenant is allowed to have a pet (explainable anyways).
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Sure it’s explainable, but it’s also super-easy to find a mental health professional to sign for the need of an ESA. After explaining to the other tenants, don’t be surprised if each household can identify a family member who also needs/qualifies for an ESA. Going to a therapist with anxiety complaints and expressing how one’s dog helps with calming is often pretty much all that is needed.
I’d definitely talk with real estate atty in the area who is good at landlord tenant and ADA issues. Normally, a lease specifies who it is with and doesn’t entitle the tenant to have a significant other move in without LL approval.
Plus, the tenant will be less inclined to make claims that he is entitled to this or that when he realized that the other party knows what the law really says.