2. Karen’sKorner

4. What are YOU in for? Um…well, I asked someone about their service animal.

5. Karen’sKorner No regulation or rule can apply absolutely. RULE FACTS Apply the Rule

6. Karen’sKorner Case Law: United States v. Cal. Mobile Home Park Mgmt. Co., 107 F.3d 1374, 1380 (9th Cir. 1997))United States v. Cal. Mobile Home Park Mgmt. Co., 107 F.3d 1374, 1380 (9th Cir. 1997)). “The reasonable accommodation inquiry is highly fact-specific, requiring case-by-case determination.” Case by Case

7. Karen’sKorner RULE Duties owed to other tenants RULE

8. Karen’sKorner What questions can we ask a handicapped prospective tenant about their service animal? What type of animal is it? Has the animal been trained? May I see the documentation of the animal’s training credentials? What size is the animal? Relevant Questions… …and MANY OTHER relevant questions. Is the animal housetrained?

9. Bronk v. Ineichen, 54 F.3d 425, 1995 U.S. App. LEXIS 10466 (7th Cir. Wis. 1995) It is not discriminatory or unreasonable for a landlord to require a tenant wishing to keep a hearing dog to show the landlord training credentials from a school. Also, it is not discriminatory or unreasonable for the landlord to request the tenant to accept liability for sanitation with respect to the dog and liability for damages to the premises caused by the dog. However, a landlord cannot require an additional security deposit for a hearing dog that has credentials issued by an accredited training school. Karen’sKorner What is the Case LAW concerning service Animals?

10. Karen’sKorner In re Kenna Homes Coop. Corp., 210 W. Va. 380 Supreme Court of Appeals of West Virginia The requirement that a service dog be "properly trained" did not conflict with federal or state law. Federal regulations defined a service animal as one that was individually trained.

11. Karen’sKorner In re Kenna Homes Coop. Corp., 210 W. Va. 380 (continued) In order to show that a disabled person needed the assistance of a service animal, it was reasonable to require the opinion of a physician who was knowledgeable about the disability and the manner in which a service dog could lessen the disability. There was no evidence the tenants' dogs had been individually trained or had any discernible skills. The tenants failed to show that their dogs were necessary for them to have an equal opportunity to use and enjoy the apartment. The supreme court of appeals affirmed the decision of the trial court.

12. Karen’sKorner In re Zapota v. Lowe United States District Court for the Northern District of California Landlords are also entitled to "establish terms in a lease or rental agreement that reasonably regulate the presence of guide dogs, signal dogs or service dogs on the premises of a housing accommodation." Cal. Civ. Code 54.1(b)(6)(B).Cal. Civ. Code 54.1(b)(6)(B)

13. Karen’sKorner

14. 3-29 Verification of the Need for an Assistance Animal A. An owner may verify that the applicant or resident has a disability and that there is a disability-related need for the requested accommodation, in this case the assistance animal. B. The owner may require the applicant or resident to provide documentation of the disability and the need for the animal from an appropriate third party, such as a medical provider, mental health provider, or other professional in a position to provide this verification. For example, if a tenant or applicant seeks a reasonable accommodation for an assistance animal that provides emotional support, that individual may be required to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides support that alleviates one or more of the identified symptoms or effects of an existing disability.

15. Karen’sKorner 3-29 Verification of the Need for an Assistance Animal (Continued) The owner must implement its policy related to inquiries consistently for all applicants requesting permission to keep an assistance animal. However, a tenant or applicant should not be required to provide documentation of the disability or the disability-related need for the assistance animal if the disability is or the need is readily apparent or already known to the provider. For example, a blind tenant should not be required to provide documentation of his or her disability and the need for a guide dog.

16. Karen’sKorner What type of animal is it? Has the animal been trained? May I see the documentation of the animal’s training credentials? What size is the animal? Relevant Questions… All of these are ALLOWED. Not all are ALLOWED ABSOLUTELY. ALLOWED without regard to the circumstances. …and MANY OTHERS.