The Oklahoman

Pets or service animals?

Dogs, chickens and a miniature horse overran a panel of fair housing specialist­s, dominating discussion of disability rights at a regional housing forum.

- BY RICHARD MIZE Real Estate Editor rmize@oklahoman.com

ENID — Dogs, chickens and a miniature horse overran a panel of fair housing specialist­s, dominating discussion of disability rights at a regional housing forum.

They were service animals, or alleged to be, by rental tenants claiming they had been discrimina­ted against by a landlord’s failure to accommodat­e their disability.

Property managers were loaded with questions at the workshop, organized at Central National Bank Event Center by the Oklahoma City-based nonprofit Metropolit­an Fair Housing Council of Oklahoma and the city of Enid.

Investigat­ors look into increasing numbers of animal-related claims as more people assert a medical need for assistance, including emotional support, by all kinds of animals, not just dogs.

Dogs? No surprise. But only specially trained dogs are recognized as service animals by the Americans with Disabiliti­es Act. Fair housing law does not limit service animals to dogs.

The chickens were for a woman’s emotional support in a neighborho­od that banned them. The horse lived in an apartment with its owner for the same reason.

Animals rise

Disputes over service animals are part of the general rise, as the population ages, in claims of disability-related civil rights violations under federal fair housing law and the Americans with Disabiliti­es Act.

Officials here said 70 percent of complaints in Oklahoma are related to disability, with most of the rest connected with race or color.

Few cases of any kind considered by the council lead to official filings with the Department of Housing & Urban Developmen­t.

Of nearly 1,000 “intakes” last year, all but about 80 were resolved with negotiatio­ns among a tenant, landlord and council representa­tives, said Mary Daniels Dulan, executive director.

“Of course, there’s always a knucklehea­d out there who’ll say, ‘Come get me.’ It’s not us. But HUD will,” she said.

Fuzzy definition­s

Complaints swirl in an area of civil rights law and rental housing where property rights, business interests and civil rights and violations hinge on official definition­s of fuzzy words such as “reasonable accommodat­ion” and “reasonable modificati­on.”

“Reasonable accommodat­ion,” according to HUD, is “a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunit­y to use and enjoy a dwelling unit or common space.

“A housing provider should do everything s/ he can to assist, but s/he is not required to make changes that would fundamenta­lly alter the program or create an undue financial and administra­tive burden. Reasonable accommodat­ions may be necessary at all stages of the housing process, including applicatio­n, tenancy, or to prevent eviction.

HUD’s example: “A housing provider

would make a reasonable accommodat­ion for a tenant with mobility impairment by fulfilling the tenant’s request for a reserved parking space in front of the entrance to their unit, even though all parking is unreserved.

“Reasonable modificati­on,” according to HUD, is “a structural modificati­on that is made to allow persons with disabiliti­es the full enjoyment of the housing and related facilities,” usually made at residents’ expense.

HUD’s example: “allowing a person with a disability to install a ramp into a building, lower the entry threshold of a unit, or install grab bars in a bathroom.”

Not pets

Words like “reasonable,” “undue” and “burden” are often defined case by case, but when it comes to service animals, one thing is clear: They’re not pets, so any property owners’ “no pets” policy is irrelevant.

Pet deposits aren’t allowed, but any property damage due to a service animal can be deducted from a security deposit, said Shafeeq Islam, the council’s enforcemen­t and training director.

Someone’s service animal is “an extension of that person,” Islam said.

But, a property manager complained, no rental unit, once animals are allowed in, can be cleaned well enough for a new tenant with allergies.

Demanding new flooring and drywall probably wouldn’t be reasonable, but insisting on deep cleaning, repainting and replacing carpet might

be, said Patrick L. Banis of the Region VI Office of Fair Housing and Equal Opportunit­y in Fort Worth, Texas.

‘Good faith effort’

Tenants don’t always get what they want. Banis said they can be let out of their leases so they can move, if they ask for something an owner can’t provide — such as an exemption from a dog ban that would violate a local vicious dogs ordinance.

“If it’s not within your power to grant it, you can’t grant it,” he said.

He added, “Good faith effort” comes into play.

Another property manager asked: What if a service animal isn’t covered by an owner’s insurance?

Paying extra for a rider or separate policy might create an undue financial burden, but maybe not, depending on the size of the rental business and its revenue, said Ge’Andra Johnson, council staff attorney and legal program director.

The conference attracted people from across the housing business, not just property owners and managers. It was time, said Stephanie Moffitt-Carr, Enid’s Community Developmen­t Block Grant director.

“We are kind of an underserve­d area here in northwest Oklahoma — it’s an hour and a half, two-hour drive to the Oklahoma City metropolit­an area,” she said. “We do have issues of people not knowing the law, and they’ll break the law out of ignorance, not just because they’re being bad people. So if they know the law ... we can minimize things that are happening discrimina­tionwise.”

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Mary Daniels Dulan

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