For today's blog post I would like to share a recent situation involving a tenant and the pet rules at a local condominium property. I think this story will help highlight the issue of pet rentals in Park City property management, as well as explain some concepts that might be unfamiliar to some people. I will also share a few statistics on the future of pet rentals that will help landlords decide how to approach the issue of renting to tenants with pets. It's no secret that Park City is a very pet friendly town but not when it comes to renters looking to find a place that will accommodate their dog or cat.
When The Rules Do And Don't Apply
I currently have a tenant that rents at a condominium property that allows a tenant to have pets. Unfortunately for this tenant the owner of the property decided to sell and the tenant had to move. Based on my availability at the time I did not have another two bedroom at the pet friendly property that would fit her and her two daughters. I did however have a two bedroom at another property that was not pet friendly. The important point in this story is that the current tenant had a dog that was registered as an Emotional Support Animal or ESA. 
I have previously covered the differences with ESAs in a post "Service Animals - Info For Park City Property Management" but to briefly explain an ESA is not the same as a service dog and therefore has some restrictions. Where a service dog has "unlimited public access", an ESA does not. However a property manager or landlord must make reasonable accommodations or changes to the rules allowing a person to keep an ESA, even if the landlord's or community's rules expressly prohibit pets. This accommodation is required by Fair Housing Amendments Act of 1988 and Title II of the Americans With Disabilities Act. I submitted the registration for the animal to the manager of the no-pets community and they were initially resistant to making an accommodation. I explained the requirements and the community manager placed a call to HUD (U.S. Department of Housing and Urban Development). After speaking with HUD he made the recommendation that the animal be allowed and the tenant was okay to move in. This is an important distinction that needs to be made for Park City property management. If the pet is a registered ESA a landlord must make reasonable accommodations or changes to a no pets policy. Property managers and landlords who do not make these requests can get into serious trouble, including possible discrimination suits from the federal government.
The Future Of Pets And Rentals
While there still continues to be clarifications to the laws regarding service animals and ESAs it is pretty clear that landlords and property managers in Park City property management need to be aware of the legal issues regarding these animals. It is also interesting to note that the number of renters with pets continues to rise. In a recent survey 75% of renters in 2013 stated they had some type of pet, compared with 43% in 2012. Cats and dogs, no surprise, counted for the majority of pets while fish came in a distant third. 51% of those surveyed said that their neighbors love pets while 58% of non-pet owners stated they enjoy living in pet friendly properties.
If you would like more information about pet rentals and ESA requirements, or further information about Park City property management in general click the link below for a free consultation. You will receive valuable information specific to your property that will help you make an informed decision. You will also receive a free, no-obligation quote on our property management services. At CC Realty we specialize in making investment property ownership a trouble free experience. Please contact us today for your free consultation.
photo credit #1
In a previous blog post entitled Pet Friendly Rentals - Park City Property Management, I touched briefly on the idea of service animals. If you would like to read that blog post you may click here. For today's post I would like to dive a little further into the concept of service animals and how it applies to property management Utah.
Service Animals
Recent changes to the Americans with Disabilities Act in 2011 have more narrowly defined, under law, what is considered a service animal. To be clear the changes only apply to the ADA and not to the Fair Housing Act. And as always, when dealing with complex legal matters, it is best to consult an attorney familiar with Utah property management law. The revisions to the ADA laws now classify only dogs as service animals. We are all familiar with the idea of a guide dog helping
blind people or providing some other type of assistance to someone with a visibly disability. However service animals are not limited to just physical disabilities. ADA laws provide for service animals to be used for people who suffer from Post-Traumatic Stress Disorder (PTSD) or other mental disabilities. Landlords must be careful when approaching the issue of a service animal as there are things you may and may not ask of a person who identifies as having a service animal. When a person's disability is not immediately obvious a landlord may ask to see the dog's service animal registration or some type of document proving the need for a service animal. A landlord may also ask the nature of the service the dog provides but must never ask about the nature of a person's disability. For more information on the ADA change and a little bit about miniature horses you can click here.
Assistance Animals
Another category of animals helping people are what is known as assistance animals. Assistance animals, sometimes also referred to as emotional support animals, are different from service animals in a few key ways. Assistance animals do not have to undergo any type of formal training on the completion of specific tasks. They are also not limited to dogs only. As the alternate name suggests assistance animals are designed to provide some type of emotional support to a person with a disability. Emotional support does not necessarily mean that the disability is limited to mental or emotional, it is not. Assistance animal is a somewhat evolving term that has a broader reach than specific service animals. An individual suffering from anxiety disorders or PTSD may have their symptoms mitigated by the calming and loving 
presence of an animal. Another difference between the two types of animals is access. While a service animal is allowed by ADA laws to go anywhere the public may go, for example a sporting event. The more broadly defined assistance animal however is not protected by ADA law and could be turned away in our sporting event example. Where assistance animals do enjoy protection under the law is in the Fair Housing Amendments Act. The act allows a person with a disability to ask for reasonable accommodations in their housing. Allowing an assistance animal in a community with a "no pets" policy is an example of a reasonable accommodation. There have even been instances in Park City property management where an HOA was sued by a disabled person for not making reasonable accommodations. Click here if you would like to read about this case.
Recommendations
The key thing to remember in the case of service or assistance animals is you should not discriminate. If a potential tenant wants to rent your property and they qualify in every way, you cannot turn them down because they have a service animal. You also cannot accept them but charge pet rent or pet deposits. The tenant is still responsible for any damage the animal may cause but you cannot charge a pet deposit up front. A good rule of thumb is to not consider the animal a pet but rather a prescribed treatment for a disability. You can read more about FHA here and reasonable accommodations under FHA here.
If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".
The question of accepting pets in a rental often comes up in Park City property management. When talking about pets we are most commonly referring to dogs or cats. It's pretty infrequent that a goldfish would cause a substantial noise disturbance with neighbors and I have yet to have a tenant ask about making accomodations for their horse. In almost all scenarios a small animal is of little consequence and many HOAs and communities have specific rules regarding larger animals. I would like to take a look at some of the pros, cons, and considerations when deciding to rent a property as pet friendly.
The Pros
It really comes down to two basic points; money and marketability. In Park City property management there are two standard ways in which a pet friendly rental can generate more income, pet rent and non-refundable pet deposits. Pet rent may sound a little funny, as if we are asking Fido to get a job and pay his fair share. What the increased cost is based in is the idea of greater wear and tear on a property. If you would like a little more information on wear and tear, please check out my blog post Damage Or Wear And Tear? - Property Management Park City Info. Pets in general will add to the wear and tear a property sees over the course of a lease and should be accounted for with increased rent. In my experience $25/month is an appropriate amount for Park City property management however you should use your best judgement. Also you should consider an additional deposit for a pet and designate a portion of this deposit as non-refundable. The idea again is to cover for the added normal wear and tear a property sees.
The Cons
Not all pets, and definitely pet owners, are created equal. Some pets are more well behaved and some pet owners are more responsible. One animal that answers the call of nature wherever and whenever they want can very easily ruin the carpet of a property beyond repair. Make sure to ask potential tenants if their pet is house broken, how long they have had the pet, and if someone is home during the day to supervise the animal. Checking rental history can be an invaluable tool in determining whether the pet is fit for occupying your property. A deposit significant enough for a tenant to want it back is also an appropraite deterrent. Be reasonable but not excessive. If you find yourself asking too much for a deposit then perhaps the pet is not right for your property or perhaps renting to pets in general is not right for you. Even meeting the pet can help clue a property owner in to the animal's demeanor. While not fool proof these steps will give you the best change of making the right decision.
Considerations
Is your rental property part of a home owners association? If so there are probably specific rules regarding petss. Some HOAs have restrictions on size and breed of dog, almost all will have restrictions on the number of pets and some will not allow pets at all. I have unfortunately had a family approach me who, after moving into a property their landlord said was pet friendly, received notice from the property management company that they were in violation of the community rules and could not have a dog. If there are community or local ordinances that apply to pets make sure your tenant is notified of the rules. If the community your rental property is a part of does not allow pets then don't market the property differently. Another thing to consider is services animals. An animal that is legally registered as a service animal is effectively not considered a pet. You cannot charge pet rent, take a pet deposit, and if community rules prohibit pets they do not apply to service animals.
If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".