State Specific Question About: OHIO (OH)

Do a quick search here on "service" or "support" animals. We've discussed it recently.

Note that I am guessing that most of your applicants or tenants with these actually have "emotional support" animals, not actual "service" animals. Yes, you still have to take them, but what you can ask might be a bit different.

In any case, to quickly answer your suggestions: no, you can't require a vest or registration, sorry.

- John...

"No problem! What are they trained to do?"

(Not, "No problem! What's wrong with you?")

Federal and state laws regulate service and comfort animals differently. I've tried talking to my local government housing people to see how they handle things, so I can parallel what they do.

"We have about three different sets of documents and regulations that we have to abide by."

"That's great. I'd love a copy of each."

Servicedogcentral.com

Great resource.. and components from ADA and HUD...

Note that when it comes to housing issues that we have to deal with, pretty much just the FHAA applies. The ADA is more for public places, not housing.

- John...

adata.org/publication/service-animals-booklet

"Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual’s disability. It does not matter if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor’s letter does not turn an animal into a service animal."

Emotional Support animals do not count for housing. They fall under the same pet restrictions/fees as any other animal. Service Animals on the other hand do get a bad rap when other fake theirs as one.

You can ask what the animal does, and ask them to have the dog demonstrate it for you.

You cannot ask about the disability, but most will just tell you anyways while talking about their service dog.

Pam: Because, as I said above, the ADA has pretty much NOTHING to do with Housing. The AHAA does -- and it certainly DOES include Emotional Support Animals.

PC: Sorry, but you are just wrong. We've discussed this many times here. Emotional Support animals absolutely are covered under the AHAA and if you are denying people with legit emotional support animals because you say they are "pets" and fall under the same rules as pets -- then you are in violation of the law. Period.

- John...

Sorry, I typo'ed there. I meant FHA/FHAA, of course, not "AHAA".

- John...

Well, John, I have a problem with the idea that anyone can buy a doctor's certification online for a pet that is not really a service animal and that I would be legally bound to allow it. I find the FHA statues confusing, for example:

"Applies to virtually all forms of housing, whether for sale or rent. The exceptions include (a) buildings with

four or fewer units where the landlord - lives in one of the units, and (b) private - owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements."

Pam: We ALL have a problem with people that do that -- just be warned that, in general, the law is likely on their side. It is not difficult for them to get what qualifies as proper documentation for an emotional support animal. We can all dislike that as much as we want -- still doesn't mean we can just ignore the law.

As to your second question... There has ALWAYS been exceptions to the anti-discrimination laws for certain landlords (such as those you listed). In those cases, you can often discriminate based on whatever you want (even gender, race, or religion). However, you may not ADVERTISE as such -- just so you know. I actually do NOT know if that exception applies to emotional support animals. I believe it does, but I Am Not A Lawyer.

As to your third question... I do not know if source of income is a Protected Class in your state. In MY state, I'd have no problem saying that I do not participate in Sec8 or that I am "not in HUD" because we have no such protection.

- John...