Q: I have just become a landlord and want to learn more about any obligation I may have to allow a dog that supposedly is helping a person with a disability into my building. We are trying to have a pet-free environment.
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A. You should research the Fair Housing Act, which protects people from discrimination when they are renting, buying or securing financing for any housing. However, if your building is owner-occupied with no more than four units, or is a single-family house rented without the assistance of a real estate broker, the act is not applicable.
Service animals are included in this requirement. What is a service animal? One that has been trained to do work or perform tasks for someone with a disability. In my research, I was surprised to learn some dogs are trained to smell the breath of a diabetic so as to alert its owner of a change in glucose levels. And it does not have to be a dog; miniature horses have been trained to perform major life tasks also.
This column addresses service animals and emotional support (comfort or therapy animals). Although the latter have not been specially trained to perform a specific medical need for the disabled, they are also covered under the Fair Housing Act and under some state or local jurisdictions.
If it is obvious that the animal in question is a service animal, you cannot ask any questions to the potential tenant. But in case of doubt, according to a recent Department of Justice report, you can only ask two questions: (1) is the service animal required because of a disability? (2) What work or task has the dog been trained to perform? If you ask other questions — such as the nature of the disability, you could violate the Fair Housing Act. The Department of Housing and Urban Development and the Justice Department are involved in the interpretation and enforcement of the law.
Emotional support animals are prescribed by a licensed mental health professional. You have, as the landlord, the right to ask for a letter, stating that the person is determined to be emotionally or psychiatrically disabled and that the presence of the animal is necessary for that person’s mental health. You have to make reasonable accommodations even if you live in a pet-free building.
If the animal would create an undue burden, you may be able to impose restrictions. And you certainly can require that the animal be kept on a lease in common areas and not make a mess in the building.
Be aware, however, that there are many companies providing false certifications, registrations and identification tags over the Internet. According to one website, “all a person needs to do to get these products is to pay a fee. Their dog is never tested and their disability is never verified. All the product really means is that the person was willing to pay money to get it.”
If you have doubts, do an online search for the organization that issued that certification.
And make sure your legal counsel is knowledgeable on this subject so she can give you quick, on-the-spot guidance if and when you are faced with such an issue.
Q: My ex-wife’s lawyer wrote a special warranty deed for me to sign, but after reading it multiple times I am still unsure of what it is saying. My biggest concern is that I am relieved of all future mortgage payments. My ex-wife has very poor credit, no job and was unable to refinance the mortgage although she was given the property in the divorce. I am making the payments to the house in lieu of child support. Can you tell me if this deed relieves me of my loan obligations if I sign it? If this is out of your jurisdiction because it is in Texas, can you please tell me what type of lawyer I should have look it over? Finance, real estate, divorce lawyer? I just recently retired from the Air Force, am in between jobs and paying this mortgage too much longer could bankrupt me if I don’t get hired or relieved of this debt soon.
A: I cannot provide you with specific legal advice. My column is for informational purposes, and not to provide legal assistance. But in general terms, the answer is that you will remain legally obligated to pay the mortgage whether or not you sign and accept that deed. When you bought the property, you both signed two legal documents: a deed of trust (mortgage) and a promissory note. Until the loan is satisfied, your legal obligations flow from that note.
However, I am a bit confused. Did you convey the property to your wife at the divorce? If so, then she already owns the house and no deed is necessary. I suspect you did not convey, and my suggestion: hang on to the house as leverage. Perhaps you can force her to sell. Talk with a Texas attorney.
Benny L. Kass is a practicing attorney in Washington and Maryland. No legal relationship is created by this column; [email protected].