karen’skorner what are you in for? um…well, i asked someone about their service animal
TRANSCRIPT
Karen’sKorner
Karen’sKornerWhat are
YOU in for?Um…well, I
asked someone
about their service animal.
Karen’sKorner
Karen’sKornerNo regulation or rule can apply absolutely.
RULE FACTSApply
the Rule
Karen’sKorner
Karen’sKornerCase Law: United States v. Cal. Mobile Home Park Mgmt. Co., 107 F.3d 1374, 1380 (9th Cir. 1997)).
“The reasonable accommodation inquiry is highly fact-specific, requiring case-by-case determination.”
Case by
Case
Karen’sKorner
Karen’sKorner
RULE
Duties owed to other tenants
RULE
Karen’sKorner
Karen’sKornerWhat questions can we ask a handicapped
prospective tenant about their service animal?
What type of animal is it?
Has the animal been trained?
May I see the documentation of the
animal’s training credentials?
What size is the animal?
Relevant Questions…
…and MANY OTHER relevant questions.
Is the animal housetrained?
Bronk v. Ineichen, 54 F.3d 425, 1995 U.S. App. LEXIS 10466 (7th Cir. Wis. 1995)It is not discriminatory or unreasonable for a landlord to require a tenant wishing to keep a hearing dog to show the landlord training credentials from a school. Also, it is not discriminatory or unreasonable for the landlord to request the tenant to accept liability for sanitation with respect to the dog and liability for damages to the premises caused by the dog. However, a landlord cannot require an additional security deposit for a hearing dog that has credentials issued by an accredited training school.
Karen’sKorner
Karen’sKornerWhat is the Case LAW concerning
service Animals?
Karen’sKorner
Karen’sKornerIn re Kenna Homes Coop. Corp., 210 W. Va. 380
Supreme Court of Appeals of West Virginia
The requirement that a service dog be "properly trained" did not conflict with federal or state law. Federal regulations defined a service animal as one that was individually trained.
Karen’sKorner
Karen’sKornerIn re Kenna Homes Coop. Corp., 210 W. Va. 380
(continued)
In order to show that a disabled person needed the assistance of a service animal, it was reasonable to require the opinion of a physician who was knowledgeable about the disability and the manner in which a service dog could lessen the disability. There was no evidence the tenants' dogs had been individually trained or had any discernible skills. The tenants failed to show that their dogs were necessary for them to have an equal opportunity to use and enjoy the apartment.
The supreme court of appeals affirmed the decision of the trial court.
Karen’sKorner
Karen’sKornerIn re Zapota v. Lowe
United States District Court for the Northern District of California
Landlords are also entitled to "establish terms in a lease or rental agreement that reasonably regulate the presence of guide dogs, signal dogs or service dogs on the premises of a housing accommodation." Cal. Civ. Code 54.1(b)(6)(B).
Karen’sKorner
Karen’sKorner3-29 Verification of the Need for an Assistance Animal
A. An owner may verify that the applicant or resident has a disability and that thereis a disability-related need for the requested accommodation, in this case theassistance animal.
B. The owner may require the applicant or resident to provide documentation of thedisability and the need for the animal from an appropriate third party, such as amedical provider, mental health provider, or other professional in a position toprovide this verification. For example, if a tenant or applicant seeks a reasonableaccommodation for an assistance animal that provides emotional support, thatindividual may be required to provide documentation from a physician,psychiatrist, social worker, or other mental health professional that the animalprovides support that alleviates one or more of the identified symptoms or effectsof an existing disability.
Karen’sKorner
Karen’sKorner3-29 Verification of the Need for an Assistance Animal
(Continued)
The owner must implement its policy related to inquiries consistently for allapplicants requesting permission to keep an assistance animal. However, atenant or applicant should not be required to provide documentation of thedisability or the disability-related need for the assistance animal if the disability isor the need is readily apparent or already known to the provider. For example, ablind tenant should not be required to provide documentation of his or herdisability and the need for a guide dog.
Karen’sKorner
Karen’sKornerWhat type of animal is it?
Has the animal been trained?
May I see the documentation of the
animal’s training credentials?
What size is the animal?
Relevant Questions…
All of these are ALLOWED.Not all are ALLOWED ABSOLUTELY.
ALLOWED without regard to the circumstances.
…and MANY OTHERS.