Can Michigan Landlords Require Proof Of Service Dog

Our members often ask questions virtually emotional back up animals and service/assistance animals. They wonder if they tin deny a tenant a unit if they accept i or disallow an beast based upon an existing pet policy. The RPOA investigated the most up to date information about assistance animals. In that location is a risk of existence in violation of federal fair housing regulations by not following the rules. Hither's the scoop.

Liz Keegan of the Fair Housing Center of West Michigan states that "the Fair Housing Deed does non place whatsoever limits on what may exist considered an assistance animal. They also practice not have to be trained or otherwise certified."

What is an Assist Animal?

An assistance fauna is not a pet. It is an brute that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional back up that alleviates one or more than identified symptoms or furnishings of a person's disability. Assistance animals perform many disability-related functions, including but not limited to, guiding individuals who are blind or take low vision, alerting individuals who are deafened or difficult of hearing to sounds, providing protection or rescue assist, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional back up to persons with disabilities who have a disability-related need for such back up. For purposes of reasonable accommodation requests, neither the Fair Housing Act nor Section 504 requires an aid animate being to be individually trained or certified. While dogs are the most common type of assistance animal, other animals tin also be help animals.

A tenant may supply a landlord or property manager with a letter from their healthcare provider stating why they crave the assistance of a service and/or emotional support beast. You can discover a sample letter here.

Do I Have to Take Emotional Support and Service Animals?

In all cases regarding persons with disabilities, landlords are required under police to make reasonable accommodations unless there is an undue financial burden. Keegan also stated that, for example, "if a housing provider would lose their electric current insurance and cannot secure comparable insurance (with prove of seeking said insurance such as multiple quotes, etc.) because of the type of animal, and then it would non exist reasonable for the housing provider to allow the accommodation because it would be an undue burden on the provider. However, nosotros recommend that the housing provider research their own insurance policy as well as other options, and document their efforts so that they may be able to defend why the accommodation wasn't reasonable for them if they were to be challenged."

Also, according to HUD, breed, size, and weight limitations may not exist applied to an assist animal. Conditions and restrictions that housing providers apply to pets may not be applied to assistance animals (such as pet deposits or fees). HUD issued new regulations apropos service animals in 2013.

The RPOA recommends that landlords follow the process outlined by HUD that is detailed here. These steps should be followed to ensure that your rental process is in compliance. It's important to keep in heed that a landlord tin't ask if a person is handicapped or disabled. They can, however, ask if the animate being is needed due to a physical or mental inability.

Disclosure: This Knowledge Base article is accurate as of the terminal update. Laws and policies are subject to alter. If you have whatever questions, please telephone call the office. Click hither for contact information.