You can not ask for paperwork, doctors notes, certificates, capes etc
IT IS AGAINST THE LAW TO ASK FOR ANY OF THE ABOVE!
A Service animal is a dog or a miniature horse only.
Comfort Animals are NOT recognized as Service Animals
Service animals must be trIned to preform a lifesaving SPECIFIC task.
Here are the HUD rules for Service animals etc.
HUDAsstAnimalNC1-28-2020 (1).pdf (325.2 KB)
âDocumentation from the Internet: Some websites sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. Under the Fair Housing Act, a housing provider may request reliable documentation when an individual requesting a reasonable accommodation has a disability and disability-related need for an accommodation that are not obvious or otherwise known.35 In HUDâs experience, such documentation from the internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal. By contrast, many legitimate, licensed health care professionals deliver services remotely, including over the internet. One reliable form of documentation is a note from a personâs health care professional that confirms a personâs disability and/or need for an animal when the provider has personal knowledge of the individual.â
Call ADA they have an 800 number that can be googledâŠbusinesses that practice and enforce those ideas are subject to be sued
There is a clear distinction between businesses open to the public and housing properties, which are private in nature. As a housing provider, we do not operate as public businesses; instead, residents must submit applications to live on our private property. Consequently, we do have the ability to assess and potentially discriminate against certain criteria, including:
However, itâs important to emphasize that we are legally prohibited from discrimination based on specific factors under the Fair Housing Act. These protected categories include:
When someone inquires about housing, we cannot ask for disability information, such as during a property tour, as it is a violation of their privacy. But once an individual applies to live on our private property, we have to consider reasonable accommodations under the law. We may request proof of their need for such accommodation, as outlined by the HUD guidelines.
This distinction between public businesses and private housing properties is important. Just as you wouldnât see designated apartments for handicapped residents like you would with hotel rooms, housing facilities operate under different rules and regulations due to their private nature. Public businesses, like hotels, are open to anyone, while housing properties have the right to exclude individuals, given their private property status. This contrast is evident in the amenities and accessibility features provided by hotels versus apartment complexes.
All housing has same criteriaâŠPet policy is NOT the same as Service Animal policyâŠit is comparing apples to oranges. If a person qualifies for all of the above and is denied because they have a Service Animal the agency or Corporation can and should be sued!
I agree with you. Pet Policy is not the same as Service animal policy/ESA policy.
In your original post, you stated
Which is factually false. As a landlord, you can ask for a Doctorâs note or proof that the Animal is a service animal if the disability is not easily recognizable. ie a person in a wheelchair is easily observable, but a person with an anxiety disorder is not easily observable.
No you cantâŠactually you could potentially be sued if the right person came along and you used those tactics in determining whether or not to approve residency. Please call ADA before you get yourself and the Company you work for in a legal battleâŠby the way I have never heard of a legitimate organization who trains Service Animals use Pit Bulls. Service Animals need to remain calm in a storm and I donât mean weather wise.
One can train their dog or miniature horse to be a Service Animal and as long as it is trained to preform a life saving SPECIFIC task it can be classified as a Service Animal. No certificates needed. no cape, no Doctors note, cant have the Service Animal fake preform etc, otherwise one could find themselves accused as being prejudice towards a Disabled Person and subjected to being sued.
The nice thing about our jurisdiction, and many others, is that we do not have to provide a reason for denying any applicants. If I do not want to accept a applicant I simply reject their application.
Assuming you do not make a big deal of the fact that a applicant may have a service animal there is no reason for them to assume it is a problem. I will often make a point of indicating they are more than welcome when in fact they may not be at all depending on the animal.
LolâŠyou just havenât come across the wrong person who would push it.
Actually I have but without proof there is nothing to push. They might make a lot of noise, and some have, but no one will take their case unless they lie. I have that covered too as I always interview with a witness.
Based on the fact that no applicant is perfect there are always grounds to reject if you maintain consistant screening standards.
The only thing you can ask is âWhat task is your service animal trained to preform.â
If you are verifying that the person who is claiming to be disabled doesnât have a visible disability. One can ask for a Doctorâs note, Social Security acceptance letter, if under 62 a Red White and Blue SSI medical card, State Disability or any other Government issued Disability card or paper work. One can under no circumstances ask the nature of the disability, regardless of the situation.