Fair Housing Trends:
Companion Animals
Activity Answers & Key Takeaways
Activity: The Dog, Part 1
Answers
How should the Leasing Consultant handle Mr. Allen’s request for an exception to the pet policy?
CHOICE: 1.
(1) Thank Mr. Allen for his time, and explain to him that everyone must adhere to the community policies. Making an exception for one resident would invite requests to make exceptions for others. Offer to call around to other properties that allow larger dogs.
COACH CHOICE 1: Incorrect
To comply with the Fair Housing Act, the Leasing Consultant and her supervisors must explore accommodating Mr. Allen’s request for an exception to the policy. If the animal is deemed necessary by a health care provider, the community will likely have to make an exception to its pet policy as a reasonable accommodation. The Leasing Consultant should provide Mr. Allen with a simple form to be filled out by a health care provider and included with his application, or Mr. Allen can request a note from a health care provider on professional letterhead. Either the form or the note must state (1) that Mr. Allen has a disability as defined by the Fair Housing Act (without describing the disability) and (2) that, in the health care provider’s professional opinion, Mr. Allen needs the requested use of the animal because of his disability in order to have the same opportunity as a non-disabled person to enjoy and use the community (without describing why the dog is needed or what purpose the dog serves). Note that the community should not charge a pet security deposit, fee, or pet rent for the accommodation, since a service animal is not a pet. The community may collect a general security deposit. Note that the health care provider need not be a physician. That person might be a social worker, physical therapist, psychologist, psychiatrist, etc. Note also that Mr. Allen did not have to use the terms “disabled” or “fair housing” or “reasonable accommodation” for there to be the requirement to properly consider whether the dog should be accepted at the community. Mr. Allen’s reference to his “need” was sufficient to trigger that responsibility.
CHOICE: 2.
(2) Have Mr. Allen fill out an application. Ask him to explain on the application why he needs the dog, including what condition he has and how the dog helps him.
COACH CHOICE 2: Incorrect
While Mr. Allen should fill out an application, the Leasing Consultant must not ask him to provide private medical information. The Leasing Consultant should provide Mr. Allen with a simple form to be filled out by a health care provider and included with his application, or Mr. Allen can request a note from a health care provider on professional letterhead. Either the form or the note must state (1) that Mr. Allen has a disability as defined by the Fair Housing Act (without describing the disability) and (2) that, in the health care provider’s professional opinion, Mr. Allen needs the requested use of the animal because of his disability in order to have the same opportunity as a non-disabled person to enjoy and use the community (without describing why the dog is needed or what purpose the dog serves). Note that the community should not charge a pet security deposit, fee, or pet rent for the accommodation, since a service animal is not a pet. The community may collect a general security deposit. Note that the health care provider need not be a physician. That person might be a social worker, physical therapist, psychologist, psychiatrist, etc.Note also that Mr. Allen did not have to use the terms “disabled” or “fair housing” or “reasonable accommodation” for there to be the requirement to properly consider whether the dog should be accepted at the community. Mr. Allen’s reference to his “need” was sufficient to trigger that responsibility.
CHOICE: 3.
(3) As part of the application documents, include a simple form for Mr. Allen’s health care provider to document his need for his dog because of his disability.
COACH CHOICE 3: Correct
Mr. Allen should fill out an application, and the Leasing Consultant should provide Mr. Allen with a simple form to be filled out by a health care provider and included with his application, or Mr. Allen can request a note from a health care provider on professional letterhead. Either the form or the note must state (1) that Mr. Allen has a disability as defined by the Fair Housing Act (without describing the disability) and (2) that, in the health care provider’s professional opinion, Mr. Allen needs the requested use of the animal because of the disability in order to have the same opportunity as a non-disabled person to use and enjoy the community (without describing why the dog is needed or what purpose the dog serves). Note that the community should not charge a pet security deposit, fee, or pet rent for the accommodation, since a service animal is not a pet. The community may collect a general security deposit. Note that the health care provider need not be a physician. That person might be a social worker, physical therapist, psychologist, psychiatrist, etc.Note also that Mr. Allen did not have to use the terms “disabled” or “fair housing” or “reasonable accommodation” for there to be the requirement to properly consider whether the dog should be accepted at the community. Mr. Allen’s reference to his “need” was sufficient to trigger that responsibility.
Key Takeaways
Let’s review the key takeaways from Part 1 of the video activity “The Dog.” If a prospect requests a reasonable accommodation related to a companion animal, you should present them with a simple form to be completed by a health care provider and submitted with the rental application. Alternatively, Mr. Allen can request a note from a health care provider on professional letterhead. Either the form or the note must state (1) that Mr. Allen has a disability as defined by the Fair Housing Act (without describing the disability) and (2) that, in the health care provider’s professional opinion, Mr. Allen needs the requested use of the animal because of the disability in order to have the same opportunity as a non-disabled person to use and enjoy the community (without describing why the dog is needed or what purpose the dog serves). The health care provider need not be a physician. That person might be a social worker, physical therapist, psychologist, psychiatrist, or any other type of health care provider. The community should not charge a pet security deposit, fee, or pet rent for the accommodation, since a service animal is not a pet. The community may collect a general security deposit. Let’s move on to the next part of the video activity.
Activity: The Dog, Part 2
Answers
At this point, what should Shelly do about Bella’s barking at Mrs. Stanwick?
CHOICE: 1.
(a) Require Mr. Allen to keep the dog in his apartment at all times.
COACH CHOICE 1: Incorrect.
Restricting Mr. Allen’s use and enjoyment of the community with his service animal without investigating the complaint will violate fair housing laws. At this point, the Site Manager should investigate the matter further to see if there have been other complaints about the dog in order to determine if Bella’s barking is a nuisance, if Mrs. Stanwick has a history of complaining about the dogs in the community, or if Mrs. Stanwick and Mr. Allen are engaged in some sort of dispute, either involving the dog or another matter.
CHOICE: 2.
(b) Allow either Mr. Allen or Mrs. Stanwick to move to a different apartment in another area of the community.
COACH CHOICE 2: Incorrect.
At this point relocating residents is inappropriate. It has not yet been determined that Bella’s barking is a nuisance. Therefore, there is no reason to allow Mrs. Stanwick to relocate, and it would be a violation of the fair housing laws to ask Mr. Allen to do so. The Site Manager should now investigate the matter further to see if there have been other complaints about the dog, if Mrs. Stanwick has a history of complaining about the dogs in the community, or if Mrs. Stanwick and Mr. Allen are engaged in some sort of dispute, either involving the dog or another matter.
CHOICE: 3.
(3) Review records to see if there have been other complaints about Bella’s behavior, if Mrs. Stanwick has complained about other dogs, or if Mr. Allen has filed any complaints related to Mrs. Stanwick.
COACH CHOICE 3: Correct.
At this point, the Site Manager should investigate the matter further to see if there have been other complaints about the dog in order to determine if Bella’s barking is a nuisance, if Mrs. Stanwick has a history of complaining about the dogs in the community, or if Mrs. Stanwick and Mr. Allen are engaged in some sort of dispute, either involving the dog or another matter.
Key Takeaways
Let’s review the key takeaways from Part 2 of the video activity “The Dog.” With this part of the scenario, it is important to know that service or companion animals must not pose a risk the community or behave in a way that is unduly disruptive. With that said, we’re beginning to see why it is necessary to take a proactive approach to complying with fair housing laws and to think critically about the issues that arise. Fair housing compliance isn’t just about knowing the protected classes and what you can and cannot say. Fair housing issues can arise at any time. You may have accommodated a resident, but complying with fair housing laws does not end with that accommodation. As with the scenario in this activity, you may have continued requests for accommodation, and fair housing exists in the context of everything else we do as property staff such as providing good customer service, handling disputes between residents, retaining residents, and managing risk. For these reasons, you should do your research before acting to find out what may be below the surface of any issues. Your goal should be to continually practice fair housing compliance even as the different fair housing trends emerge and to see fair housing compliance as part of the fabric of good property management.
More Information
Check out these resources for more information on companion animals and other fair housing issues:
- IREM and NAAEI course “Fair Housing and Beyond,”
- U.S. Department of Housing and Urban Development, Fair Housing and Equal Opportunity,
- National Fair Housing Alliance,