Service Animals
Q: What defines a service animal?
A: The ADA defines service animals as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
Q: Does a service animal need to have any identifying collar or harness?
A: Although many service animals wear special collars or harnesses, by law they are not required to wear any special identification equipment.
Q: How can I tell if my tenant or applicant requires a service animal. They do not look disabled to me.
A: When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the animal a service animal required because of a disability, and (2) what work or task has the animal been trained to perform. Staff cannot ask about the person's disability, require medical documentation. require a special identification card for the animal, or ask that the animal demonstrate its ability to perform the work or task.
Q: Can I still charge a security deposit for a service animal?
A: No. "Pet" deposits cannot be charged for service animals. Nor can you charge "pet rent".
Q: I have a tenant that has a service animal that is never on a leash. He barks and is disruptive. He has bitten a member of my staff. What, if any, recourse do I have?
A: Service animals must be under control of their owners at all times. If a leash or harness interferes with the animal's work or the individual's disability prevents the use of these devices, the individual still must maintain control through voice, signal or other effective control. If you have a service animal that is out of control, you can issue a lease violation.
Athena Magruder
VP Operations
Mission Real Estate & Property Management, Inc.
3600 Pegasus Dr #15 Bakersfield, CA 93308
3600 Pegasus Dr #15 Bakersfield, CA 93308
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