Hello,

Question about service dogs in OH. What papers am I legally allowed to ask for to prove a pet is a service animal? Doctors note? Is there a specific document given to owners of service animals?

Last I checked for a dog claimed to be a service dog, you can't do anything but ask if the dog is a service dog and if the dog is specifically trained to perform tasks that make life easier for a disabled person. You can't ask anything about the disability.

Oregonwoodsmoke is correct -- you can ask if it is a Service Dog and, if it is not obvious, what task it is trained to perform. (Basically, if the person's disability is obvious -- like blindness -- then you aren't supposed to ask what the dog does -- since it should also be obvious. If you can't tell what the disability is just by looking, then you may ask what task the dog is trained to perform (but still not ask what the disability is -- although they will likely end up telling you when they tell you what the dog does).)

But there is no paperwork you can ask for for a Service Animal. (You can for an Emotional Support Animal -- just to be clear.)

- John...

Chris,

According to federal law legitimate service animals are either dog or miniature horse only. No other animals.

Legit persons will have an LMN - Letter Of Medical Necessity from a legit medical professional. These letters are only valid for 1 year.

*MY* Fair Housing director says they are a pet until the applicant provides the letter. And here’s how the law works: I cannot demand or require the letter, THEY must provide it.

She also said her suspicion rises when they present any sort of registration because there is no govt registration, only private money makers.

Thanks everyone. Sounds like I need to just take the tenants word for it then.

Brad,

REASONABLE ACCOMMODATION REQUEST MEDICAL SUPPORT FORM

Verification of Disability from Medical Provider

Instructions: You have been named as a medical provider that can provide medical documentation for a reasonable accommodation request.

To Be Filled Out By Tenant:

I, _________________________________________________ (tenant name), authorize the following medical provider to fill out this form and provide it back to my landlord/ prospective landlord:

____________________________________________ (Medical Provider)

________________________________ _________________________________ _______

Tenant Name Tenant Signature Date

Summary of Request Made by Tenant:

___________________________________________________________________________

___________________________________________________________________________

To Be Filled Out By Medical Provider

I ________________________________ (name of medical provider) hereby certify that I currently provide medical services for _____________________________ (name of tenant). The patient named above is disabled pursuant to the definition listed under the Fair Housing Act (FHA), Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) (i.e.: a physical or mental impairment that substantially limits one or more major life activities).

Major life activities include but are not limited to: walking, seeing, hearing, speaking, breathing, thinking, communicating, learning, performing manual tasks and caring for oneself. Impairments that are considered a disability under the Fair Housing Act include such diseases and conditions as orthopedic, visual, auditory and speech; cerebral palsy, muscular dystrophy, multiple sclerosis, autism, seizure disorder, cancer, heart disease, diabetes, asthma, HIV, mental retardation, mental and emotional illness, drug addiction and alcoholism. Note that these definitions do not cover any individual who is a drug addict and currently using an illegal drug, or an alcoholic who poses a direct threat to property or safety because of their alcohol use.

I certify that this patient has a physical or mental impairment/disability which meets the definition above. This condition substantially limits one of more major life activities, has a record of such impairment or is regarded to have such an impairment. The service animal or accommodation listed below is necessary for my patient to have the same opportunity as a non-disabled person to use and enjoy the housing community.

(page 1 of 2)

____ Mark if appropriate: I have determined that my patient needs a service/therapy animal based on healthcare considerations because that animal will perform tasks that will mitigate or alleviate the effects of the disability, provide mobility assistance or alert the individual with a disability or improve the health or well-being by mitigating the disabling condition.

___ Mark if appropriate: I verify that my patient’s request for more than one service animal is necessary.

My patient needs the following service animal(s) and the explanation of what different service or tasks performed as follows: _____________________________

___________________________________________________________________________

___________________________________________________________________________

OR

_____ Mark if appropriate: I verify that my patient’s request for _______________________ __________________________________________________________________________

__________________________________________________________________________

is necessary and that the request is directly related to his/her disability and that it is necessary to afford him/her the opportunity to access, maintain, or fully use/enjoy housing. (Necessary indicates need as opposed to only the matter of convenience or preference). I also recommend that this request be approved.

I certify that this information is true and correct. Date:___________________________

Printed Name of Person Filing out this form:_______________________________________

Signature:__________________________________________________________________

Professional Title:____________________________________________________________

Name of Clinic,Hospital etc.____________________________________________________

Address:__________________________________Phone Number:____________________

Fax Number:_____________________________E-mail:_____________________________

Please return this form to:

Landlord:__________________________________________________________________

Address:___________________________________________________________________

Fax Number:_______________________ Phone Number: __________________________

Email Address:______________________________________________________________

(page 2 of 2)

Chris: No, Service Animals (SAs) and Emotional Support Animals (ESAs) are very different when it comes to verification. (But, once confirmed, are treated very much the same way -- so we're only talking about how to verify them.)

For an SA, you generally cannot require paperwork. As I said above, if the disability is not obvious, you can ask what task the animal is trained for.

For an ESA, you can and SHOULD verify that they have proper documentation for the animal. In general, this means a letter from a "healthcare professional" that indicates that the person is disabled (but you cannot ask what the disability is) and that the animal helps them in some way (which is worded very differently by different people, but the idea is that it helps them "to have the same opportunity as a non-disabled person to use and enjoy the housing community").

- John...

My understanding is that under the Fair Housing Act (which is what we are subject to) you can ask a physician to verify the person has a disability that impacts a major life function. This is what Brad refers to as a letter of medical necessity.

Then you ask the person to explain how the dog mitigates that disability or assists in overcoming that major life function.

Housing is not subject to the ADA except in specific circumstances.

If you go to:

archives.hud.gov/news/2013/servanimals_ntcfheo2013-01.pdf

It states: Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal

The FHA allows us more latitude than the ADA does, since the animal will be there a lot.

You may (and should) ask for proof of vaccination against rabies, along with any other state or locally required vaccinations.

You should establish up front where the dog will toilet, how the SD partner will clean up and dispose of the fecal matter, etc. My SD, Scooter, is trained to toilet in a 4ftx4ft box of mulch. It makes it quite simple, and we swap out the mulch every so often. They are REQUIRED to take care of those things. Additionally, if the dog causes any damage please bill for it's repair right away. Also, if the dog toilets in the house, causes damage, barks constantly and disturbs others, etc, give a cure or quit notice. You do not have to allow that.

DJ,

If I were your local Fair Housing police I would say that form is illegal.

My approach as agreed by MY Fair Housing director is to not teach them or help them, just wait and see what they provide. Legit SAs have the letter and know to provide it. A prescription is NOT the LMN letter. A note is not the LMN letter. P

“Based on the information provided animal fees are $35 per month per animal.”

PS This issue is evolving. And it’s it’s gubmint at it’s finest.

The final answer is in the hands of your local Fair Housing office and committee.

And we all know how govt committees like LLs.