can landlord limit number of emotional support animals?

[ajvdb]

First I want to say I had a dog when I moved in to my apartment which I had to get approval for emotional support to have her.  About 3 years later I got a cat/kitten but didn't get written approval from Dr or landlord.  The animal rule does say just 1. 

I had someone tell me that if I have my doctor say I need both cat & dog that my landlord can't make me get rid of my cat.  Which they are threatening to do.  But as of last week Wed.  (June   I no longer have my dog because I had to put her down.  She was 13 years old and had health issues.  I am wanting to get a new dog/puppy soon & my landlord is saying that in order for me to get another dog I need to reapply & be approved and since I didn't get prior approval for my cat that she needs to go.  Can they do that?

Amy

[Kirsten]

Yup. An exception to "no pets" rules is not a license to get whatever or however many pets you want. You must request the accommodation for each one individually and have justification why that specific animal is needed and the existing one will not suffice. That's never easy to do.

Instead of getting a new puppy, you should work with them on making a compromise so your existing pet, your cat, can be your emotional support animal.

[Rovingrebel]

Yup they can do that and more since you are currently in violation of your lease contract. Reasonable accommodations are not a license to have whatever you want. Sorry.

[jshad]

question... related... For years we had lived on an acre of land in a large mobile home... then things changed... when my daughter took us in... we had been living in a travel trailer for almost 2 yrs.... we moved in together ... that is after she moved in with us for a few months before we all moved together in to a duplex. When we found the rental I told the landlady about my Mobility service dog and my two other  medical alert dogs. Hence the number of dogs.


I started out with using the two medical alert dogs that I trained to do other things after i picked up on their ability just so i felt more secure around the house. I had already been using my oldest dog to help me around the house before i knew about training and using your own trained service dog out in pubic. My youngest large dog had the better temperment to deal with the world out side the home. the two medical alert dogs  I had rasied since they were 6 days old (their mother had died and I adopted them)

Back to my question... When we signed the lease I told her I had a Service dog i used in public and two that I use around the house during the day and night. And the oldest was a working semi retired dog that still did tasks for me... Hence the question for the fence that is now erected in the back yard. She said no problem to the fence or the 4 dogs, When  the lease was signed she only had the one dog the mobility dog... her insurance would only approve of one dog on the lease... I doubted an insurance even existed.... slum lords dont have insurance.

 I did however tell her their breed was not a nuisance breed... and their service dog jobs were not easily re-trainable nor an insurance company would really have nothing to do with the ADA that protected my ability to help me to get around and worn or bring me needed items or people. The lease in in my daughters name.. and we are  occupents

I told her the dogs would be living with us. and I would not be boarding the others during our yr lease.. .she said fine has even saw them here ... Do I have anything to worry about? I dont beleave so since she has taken several months rent since the signing of the lease.

[Kirsten]

That's a question for an attorney. Generally, a written contract cannot be modified with a verbal agreement, but knowing about it and not objecting may be a factor. When you get to that kind of specifics, you need a qualified attorney. Someone giving you advice on this over the Internet will not actually be qualified. If they answer, it will be with their opinion of how it should be, not how the laws really work. Because a real lawyer won't give specific advice without a personal interview and a bunch of questions to make sure he has a clear picture of the situation.

[Rovingrebel]

I,personally, would send a letter to be added to my file with the change circumstances and your understanding that this change is fine per conversations  on such and such dates and thank her for being such a flexible landlord.

[Kirsten]

I agree it would be better to have the agreement in writing, but there may be an issue with putting her on the spot. There may be reasons why she wants or needs to say no additional dogs, but be willing to turn a blind eye to it happening. It could be as simple as having deniability should another tenant ask why you can do it and they can't.

Anyway, it is possible that if you put her on the spot she'll enforce the existing contract, which she can probably do since you only have your word that she agreed to permit the additional animals, while she has a signed contract saying only one dog. Or it could go perfectly and all get ironed out. But you should consult an attorney about where you stand legally so you can make an informed choice. There may be free legal aid available for the poor in your area.

[Roxie]

Slum lords DO carry insurance.

Verbal agreements really mean not much in court.

You (one person) has HOW many SDs??  How many dogs in a 1 dog approved rental???

I think you have the potential for a lot of trouble: including a possibility of 30 day eviction for lease violation.

I'd get counsel ASAP, just to protect you.

I'm confused.

So your daughter is subleasing to you? Or you live as a group? How many people are authorized in your lease? What size structure? What kind?

So. I could have Tay for mobility. Benji for alerting me to new toenail fungus. Lady for bringing me a beer. Tramp for for my pet????

I don't get it! Why, honestly, do you believe you need so many Service Dogs?  Your primary SD can't be cross trained?

[responsiblek9]

  There was a case in california regarding  the property insurance and a  GSD guide dog being denied because property insurance would not cover the dog. So the landlord had to deny a rental to the blind handler. A court ruled insurance was voluntary so no discrimination case. BSL case. The landlord was not discriminating But since insurance is voluntary and not mandatory a court saw it as not discrimination..
So here is kinda sorta a precedence?

So if the property insurance company finds out there are more dogs than the one mentioned SD, could be a problem for the landlord in keeping their property insurance on the rental.  Landlord may not personally care about the number of dogs but the insurance can threaten to yank their policy . That can put a landlord in a jam. Tenants  can lose in those situations most of the time . Dont make sense but had happened.  This is a question for a disability advocacy agency to answer really. Could depend on state laws and insurance regulations.or if the property falls under HUD or FFH regualtions. Not all rentals fall under the federal regulations.   Could you get a renters liability insurance to cover the other dogs?

These kind of things are complicated .

[jshad]

I have had the dogs before i trained them past their predispositioned  service dog abilities . The boys are boxers... they have always been leaner.. and steadily moved me forward when only on a leash. I started using their ability only at home... didn't know about service dogs for what didnt even know i needed. When I started having other problems that weren't physical body problems  and were kinda like senor moments the boys would always seem to help me and thankfully covered up my embarrassment.
I raised the girls from before their eyes were open ,, which i guess helped to have them in tuned with me and my seizures... and breathing problems.... as well as when i needed to bring help to me.

When we lost our residence we moved into a travel trailer all 4 dogs... their had been 5 but one passed before we were crammed into a 30 foot box for almost 2yrs, when the trailer that was alreadt over 20 yrs old was no longer holding up structurally my daughter who had temperamentally fallen on hard times herself moved in with us for 3 months i think... she had no car and college was over but no job.... Finally she found work... and to thank us for giving her what little we had to offer her she took us with her to this duplex.

So its been 3 years that eli has been my sidekick full time out in the world and shares responsibility with Ben in the house and yard. Its been 6 years since Avi and Mayle have been alerting me and keeping me from brushing off seizure signals and going for help when i rather not even think about asking for it .  Before while we for a short time had county insurance I was having problems with my breathing during the night... for now i have a cpap machine.. till they take it back... living out of county./ which ever dog was in the room always seemed to know when i had stopped breathing.. .. and would wake me by nudging or licking my face...

once my husband said  while i was taking a nap he was interrupted by one dog who wanted him to come up into the top bunk of the travel trailer he though i had stopped breathing again  didn't have the cpap machine yet...  it turned out the other dogs were frantically trying to hold me from rolling off the bed during  a seizure.

After that  I depended on them as much as they did me.. and we are together  to the end.

[jshad]

oh.. by top bunk i was refurring to the sleeping quarters of a 5th wheel travel trailer... oh and avi and mayle are ausse dalmation mixes.. not nearly as tall as the boxers... 

When i had a  whisper stroke I hid my sypmtoms pritty good from my husband and daughter... but the dogs knew better... I should of gone to the hospital I should of picked up the phone... my only concern was if i did call someone for help they dogs would get out of an open gate into the yard and I would never see them again...
The very first time one of the girls ever showed any signs of alerting was when the other ... and this was when they were not even a yr old had dug under the fence ... wondered off and one had fallen in an abandoned homes pool in the dead of winter in Florida. the other came running home and alerted my daughter to follow her to help her sister get out of a green slime filled pool. We just figured we had our own  Lassie story line incident.  If I had less to work with with any of these dogs before i furthered their skills  I probable would still be housebound or not hear to be telling my silly story.

[Roxie]

Well, I appreciate the info, but I must be having more problems that I realize tonight. I still am confused. Too many SD's for me to keep up with.

[jshad]

No Problem.... sorry to of cut in on the topic.... just had a question that turned into a novel.

 I hope not to be a renter for long. Had always planed on always being a house filled with dogs... never though it would be filled with dogs that actually did as much for me and more as I have always done for all of my dogs I have had through out their life times as this pac has done for me. I defenetly feel very blessed to be loved that much by the dogs I have learned to trust and depend on daily

[Kirsten]

I'd like a copy of that case if you can lay hands on it Nora. I've been fairly certain that was the case with ESAs especially when acquired after tenancy, just based on reasonableness, but not so sure about SDs.

[jshad]

daughter lives here here... we are her dependents here listed as only 2 other fellow occupants 3 are listed to live here. the size is a fairly large 2 bdrm duplex .  we have little left after paying electric and our half of our joint car insurance  to ad  renters liability insurance to cover the other dogs. We get only a little foodstamps to feed myself and husband ....that is also disabled but gets no disability cks  as of yet but works part time within his limitations and ability... I have been trying for ssi also for years also

I get assistance with feeding them though the county as many other also do . just to be able to afford the other stuff the dogs need regularly I could never afford renters insurance... at the moment were struggling how shes going to have dental work to save 1 of 3 teeth needing work in her mouth that  we spent so much in the past for in braces.