# Service dogs and "pet" rental fees?



## Lin

Correct me if I'm wrong, but its illegal to charge extra monthly rent for a service dog? I'm in the process of moving (those who know I just moved in October, you wouldn't believe the insanity since then) and was looking at a house today. I have Tessa as my service dog, and then a second GSD Emma. They said they had no problem with pets but since I had 2 dogs their policy was $20 extra per month per dog and I would have to pay $40 (knowing Tessa was a SD, as I was standing there with her in full harness and vest/bags.) I've spent probably the last hour reading up on laws, the fair housing amendments act, IAADP's legal resources, and looking around from service dog central. Can someone point me in the right direction for what I'm looking for? My head is just spinning here, I desperately need new glasses and its killing me staring at the screen!


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## Minnieski

I would think that so long as they are charging extra to people with regular pets that it wouldn't be considered discrimination. If they were ONLY charging people with service dogs then I would say that's discrimination. Otherwise they still have to pay to have the place de-doggied after you leave. I don't know about the laws, though, but it just makes sense to me that if they are charging for other animals that you would be charged too, sd or no.


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## Lin

Well from the DOJ's laws on service animals in businesses, "Neither a deposit nor a surcharge may be imposed on an individual with a disability as a condition to allowing a service animal to accompany the individual with a disability, even if deposits are routinely required for pets."


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## BJDimock

My Fidelco girls have to be registered with the town, but they CAN NOT be charged a licence fee.
I know that in CT, charging for you service dog is illegal.


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## middleofnowhere

On the other hand, they may not have to take you with a dog other than a service dog. How bad do you want this place?


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## Skye'sMom

I think the issue is that there are two dogs - one a SD and one not. The charge should be only $20 for non SD - not the $40 they are asking.


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## middleofnowhere

I understand the original concern. What I'm saying is that as a renter you are at a disadvantage and asking if the OP wants the place enough to pay an extra $40 a month. If you start out with an argument, you may be prejudicing the place against you. They may find a different reason not to rent to you. If you are willing to take that chance and possibly consider the hassle of filing a claim that will take months to resolve, then this battle may be worth the fight. There's nothing wrong with standing up for your principals but do consider chosing your battles.


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## Mandalay

Lin
Did you bring it up to them? Maybe you should call them and tell them you were just thinking over the lease/rental terms and had a question. Ask them again what the pet rent was on the rental unit. If they say $40, then ask them if the charge is including the one dog that is a service dog. Maybe they really either did not realize it or did not think about it when they gave you the quote. If they say that it _does_ include the SD, then just mention that you did not think there would be a pet rent on the service animal, but you were not sure.

Than you can decide what to do. It may also make them think about it and look into it a little more. Maybe they'd even find they should shouldn't be charging you for the SD.


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## Lin

They told us specifically what the pet rent was. She said the base rent for the house, then said its $20 per dog so that would be $40 extra per month. And as I said, I was there with Tessa in full harness and pocket vest with service dog patches and the woman asked me some questions about service dogs like why they cannot be pet or greeted while working. 

Its not about an argument, its about following the law. If its illegal to charge extra rent for a service animal then they need to know that in addition to my not having to pay it. When you are out with a service dog, you are a representation of every service dog team.


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## Mandalay

I still say, ask again. Nicely and in a "gee I just thought of this" kind of way



> Quote:Reasonable Accommodation
> Reasonable accommodations are modifications that are practical and feasible. The Fair Housing Act requires that owners and landlords provide reasonable accommodation (that is, a change in rules and policies) when necessary to permit an individual with a disability equal opportunity to use and enjoy a dwelling. *It is the responsibility of the person with the disability to request any necessary reasonable accommodations necessary for tenancy*.


The reasonable accomodation being that the SD is not charged a deposit since it is not a pet.

continued...


> Quote:Service Animal Categorized
> ...it is HUD's position that no deposit may be charged for the service animal.
> http://www.deltasociety.org/Page.aspx?pid=489


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## Lin

With the HUD, its not a HUD house. I AM going to speak to them nicely about it, but before I do so I want to have the facts and exact quotes to back up what I'm saying before I start the conversation. I don't go into things unprepared. Especially something as important as representation of service dog teams.


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## 3K9Mom

> Originally Posted By: MinnieskiI would think that so long as they are charging extra to people with regular pets that it wouldn't be considered discrimination. If they were ONLY charging people with service dogs then I would say that's discrimination. Otherwise they still have to pay to have the place de-doggied after you leave. I don't know about the laws, though, but it just makes sense to me that if they are charging for other animals that you would be charged too, sd or no.


No no no no no no. 

Service animals are considered adaptive equipment. Just as landlords can't charge more money to rent to someone who uses a wheel chair or a walker -- even though, in theory, these might cause more wear and tear on carpet for example -- they can NOT charge more money for an individual with a service dog to rent a home. 

Service animals do NOT equal pets. They are essentially considered medical equipment. That's why they get to go where pets do not. 



> Quote:
> 
> Basic Facts About the Fair Housing Act
> What Housing Is Covered?
> 
> The Fair Housing Act covers most housing. _In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. _
> 
> What Is Prohibited?
> In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
> 
> Refuse to rent or sell housing
> Refuse to negotiate for housing
> Make housing unavailable
> Deny a dwelling
> *Set different terms, conditions or privileges for sale or rental of a dwelling *
> Provide different housing services or facilities
> Falsely deny that housing is available for inspection, sale, or rental
> For profit, persuade owners to sell or rent (blockbusting) or
> Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.


Also



> Quote:
> Additional Protection if You Have a Disability
> If you or someone associated with you:
> 
> Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
> Have a record of such a disability or
> Are regarded as having such a disability
> *your landlord may not: *
> 
> Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
> *Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
> Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog. *
> 
> Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.


http://www.justice.gov/crt/housing/housing_coverage.php#disability

All emphasis above is mine. Note the section in italics. Be sure that the facility that you want to rent is subject to the law we're talking about. If not, then all you can do is try to negotiate with them directly. There is, imo, a moral imperative to comply with the law for small businesses even if there is no actual duty, if they can possibly do so. It also makes good business sense. But if you're dealing with a small entity, you're on your own. 

For larger facilities, though, they can not charge you a fee for a service dog. Doing so is the equivalent of charging the person with a disability a fee for being disabled (note the above). Can't do that. No fee, at all. If they discriminate against you by charging a fee (or if they turn you away when you refuse to pay the extra $20) you have the right to appeal to HUD. 

It's possible/likely that they don't know the law. It might be very helpful to print up the Fair Housing Access Act and give it to them along with links to DOJ and HUD. It might also be helpful to explain to them SD training, tasks specifically, and how SDs differ from pets. You don't need to explain Tessa's tasks explicitly if you don't want to (I don't see why you would need to), but just take the time to educate them. Perhaps write them a letter (would be useful later on, if you have a complaint to file) explaining it all clearly. 

A pet is a pet. A service animal is a service animal. These two do not overlap.


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## ILGHAUS

Hope the following helps you and can give you some more guidance ...

From Service Dog Central 
LINK 

Quote:
Housing issues with a service animal typically fall under one of three federal laws:

Each of these laws apply in different kinds of housing, and not all housing is covered by even one of them. This is a complex area of disability law which will require consultation with a qualified attorney to truly understand how the laws apply in a specific situation. This article is meant as just a general overview of disability housing laws, and not a complete accounting for every possible type or housing or housing issue.


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## Lin

Thanks guys! That was exactly what I was looking for and all has been taken care of







moving starts tomorrow. I hate moving!


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## BJDimock

May it go smooth for you !


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