Landlords and property managers are entitled to “reliable verification” of a tenant’s need for a service animal and can require proof beyond an online certification, a Department of Housing and Urban Development or commonly referred to HUD official said Tuesday at the Realtors® Legislative Meetings & Trade Expo in Washington, D.C.
HUD developing verification policy for service animals
Lynn Grosso, director of HUD’s Fair Housing and Equal Opportunity Enforcement Office, told the Land Use, Property Rights & Environment Committee that a predatory cottage industry has developed for assistance animal certifications.
People are being misled to think that an online verification letter – often furnished by unlicensed medical professionals for around a few hundred dollars – guarantees them the right to have an animal in multifamily housing without reference to a pet policy, she added.
“HUD does not recognize these pay-to-play certifications as reliable,” Grosso said. “You should not feel held hostage by a policy where tenants don’t have to demonstrate in a reliable manner a legitimate need for the assistance of an animal.”
Grosso said HUD is developing new guidance that will address for the first time what “reliable verification” means in relation to tenants’ service animal requests. It’s not actually clear when the guidance, which is currently under federal review, will be released.
But Grosso offered some clarity to the committee Tuesday on the substance of the guidance:
While landlords and property managers are legally prohibited from inquiring concerning the nature or seriousness of a tenant’s disability, they can express concern about the reliability of a service animal certification letter and offer steps for the tenant to take for additional verification. This could include asking the tenant to supply additional documentation from their medical provider. The most reliable type of verification is a letter from a medical provider with a history of treating the tenant, and the letter should name the tenant’s disability and the animal most capable of assist them, Grosso said.
“It’s best to have a policy on this issue rather than doing it on an ad hoc basis,” she added.
But Grosso also added a warning: Whenever you can “readily observe” that a tenant has a disability and an animal that provides a service, it’s wise not to push the issue of additional verification, she added.
Grosso declared that the not-yet-released guidance will even address exotic animals, such as alligators, and the number of animals each individual tenant can request in their unit.
It is essential not to trivialize the condition of service animals due to abuses of the law, Grosso said. “Very often, there is some nefarious attribution to people who request assistance animals. But many times, there are people with significant disabilities who legitimately need the assistance of a service animal. They bear the burden of the effects of service animal abuses.”
Have a questions or concern? Nick, Cindy & Nicholas Davis with RE/MAX Premier Group are here to assist you with all your Real Estate Needs. We are always available at 813-300-7116 to answer your questions or you can simply click here and we will be in touch with you shortly.
Need to get started with your mortgage process? You can contact Kyle Edwards with Iberia Bank at 813-495-5131, or simply click here to start your online application.
Ways Our Family Can Help Your Family
