State Specific Question About: TEXAS (TX)

I approved applicant and husband for move in. She works for USPS making $110k. He is a delivery driver and makes hourly. This is their 4th month with no issues.

She sent me the following

Can you please send me paperwork or a form for a service dog that is required for the house. Due to a disability we have been advised to look into it.

I plan on looking into Texas law on this but wanted to know if anyone had this issue after move in.

Each State is different. In my State the tenant has to have letter written by their personal doctor that they have had a office visit, not via the internet. And the letter has to have been generated at least 30 days before applying for a rental.

The dog has to be annually licensed by my city and had it's vaccinations, meaning it see's the veterinarian often. I refuse a puppy because all they due is chew, bark and crap!

In the last 2 years since the beginning of the pandemic, may tenants began working from home via the phone or internet. Most of them want a dog to keep them company since they are isolated.

In over 10 cases, I produced pictures of other tenancy's that went bad because of an illegal dog/cat. The tenants think they are experts because they had a pet as a child. I explain their parent took care of the pet not them as a child.

I also have key questions that I ask all pet owners. And if is a current tenant, I ask to see their "Renters Insurance" as required by the lease. Because they were irresponsible and didn't maintain a current policy, then I don't want the liability of a pet that could kill, attack another tenants pet, another tenant or visitor.

In one eviction case the judge thought a little dog wasn't an issue. I showed the judge a picture of the tenants dog, a Great Dane. The tenant said that she never saw the dog in my picture. Then the tenants "X" boyfriend came into court with the dog and released the lease. The dog ran over the the owner, my tenant and was so happy wagging it's tail and jumping on her, knocking her down to the floor. Then the x-boyfriend took a picture of the dogs id tag on the collar. I said call that number and my tenants cell phone will ring.

All of this because tenants think they are entitled to get any dog they want, but don't don what is necessary to rain them.

With another tenant, she kept the dog at a friends house 3 blocks away until after a 9 week course at the park with a dog obedience class. That dog learned how to sit, stay, heal, walk, stop barking -- all on command. And that tenant got a $100,000 rider on her Rental Policy to cover any things doing with the dog. This was not a service dog, but a pet that also the tenant gave me a $1,000 extra deposit as allowed by low -- up to 2 months deposit.

Thanks for your response Robert.

I found the following on HUD

The request must be supported by reliable disability related information from doctor

petscreening.com claims to be able to certify whether the request for accommodation is legitimate.

If it is truly a "service dog", not an ESA, you can reasonably expect it to be well trained in obedience - because it will need to behave appropriately in public places where it will be allowed to go.

It will not be a puppy - training takes time. There are couple of very reputable associations that train many service animals (google it), but the owner may also train them.

It will be trained to perform a specific task that helps / alerts the owner. You may not ask what their disability is, but you may ask what task the dog is trained to perform.

Send them this - excerpts from www.ncsl.org/research/labor-and-employment/service-animal-misrepresentation.aspx

6 x 6 - service dog - after being there for 4 months.

I found the following on HUD and sent this reply. Haven’t heard back from them yet.

The request must be supported by reliable disability related information from doctor

This is a form I got a little while back. It may be a good starting point:

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 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. Each one will perform a different required task.

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:

(management)

I have just received a letter from a legitimate doctor stating she needs a service animal.

A doctor's note is not required for a service animal. If this is a genuine service animal request, you can ask ONLY 2 questions:

Is the dog a service dog?

What task(s) does the dog perform for you?