Tuscarawas MHA | Owners Update February 2004

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To Pet or Not to Pet ...That is the Question!

Whether or not to permit pets in your rental property is strictly a landlord's decision. The housing authority has no involvement or preferences regarding the allowance of pets. The only suggestions that we would like to offer are the following. The first is that the landlord develop their own "Pet Policy" and enforce it uniformly. Secondly, landlords need to be aware that they must permit authorized "Assistance Animals" on their property if their need has been medically documented by a certified professional such as a physician. The most obvious type of assistance animal would be a seeing eye dog to assist a blind person. However, assistance animals could also be determined to be medically
necessary in other types of situations such as treating mental health disorders. Another factor to remember is that Disabled individuals are a protected class under Fair Housing Laws and landlords cannot discriminate against them for needing an assistance pet.

Section 6 of the Tuscarawas MHA Model Lease is the section which refers to
whether an owner will allow tenants to have pets kept on the premises. This section is very brief and to the point. It simply states: The tenant ______ may or _____ may not keep a pet(s) on the premises. (The owner checks the applicable line.) If a pet may be kept, this Lease will attach a Pet Waiver form, so noting the pet(s).

The Pet Waiver form is an addendum to the Residence Lease Agreement. This
waiver serves two purposes. The first purpose is to clearly define exactly what and how many pets the property owner will permit on the premises. The second function of the Pet Waiver is a provision where the property owner waives and surrenders all right or claim against the housing authority for any damages that may be caused by the keeping of said pet by the tenant.

Most of us know very clearly our position on dogs and cats, but when it comes to something more exotic, we're not sure. 90% of the companies recently polled have nothing in writing regarding animals other than canines and kitties.

Do you consider a parrot a pet requiring a deposit in your apartment community? What about a fish or a snake? A monkey or a lizard?

The challenge is clearly defining which pets require a deposit and which don't. A generalization like birds don't require an additional financial obligation by their owners isn't necessarily true. Why? A canary that stays caged at all times does no damage to your property. However, a hookbill parrot, allowed out of it's cage (and all us parrot lovers do allow them some freedom) can demolish a wooden window frame, wallpaper and wood cabinets.

And what about a little old goldfish in a bowl? No deposit required. But suppose that goldfish lived in a 100 gallon aquarium with 20 other fishes? Have you ever seen the damage 100 gallons of water from an upstairs apartment can do? That's a different story.

When it comes to reptiles, the decision must be "should we allow them at all?" As harmless as a baby boa constrictor is, it could get free and disappear into an attic, a wall, under a floor.

That doesn't do much harm, until you have to tear into walls and floors to find it. Exotic pets live in 15% of America's households. Certainly we don't want to deprive apartment residents their pets. As a matter of fact, as our nation's population continues to mature more and more of us will keep a pet for company. So the issue really isn't to pet or not to pet, but what amount the deposit should be to protect the property, allow for compensation for repairs, and still be fair and affordable for the tenant.

Deposits throughout the nation range from $100 to $400. Several companies
now require "meet the pet" interviews prior to leasing to pet owners. Some now photograph the pet and staple the picture to the pet agreement for easy identification if the pet is out and unsupervised. After the pet is a tenant the owner may want to inspect the unit periodically to see if any damage is resulting from the pet and deal with the situation before the tenant moves.

All of us know the value, and the difficulty of enforcing leash laws. Residents who don't have pets appreciate not being jumped on by an unleashed barking dog. But it is our responsibility, and another challenge, to enforce the laws.

As the American population grows older and more sophisticated, Spot, Rover
and Tiger will be kept company by or even replaced by, more exotic pets. Perhaps it's time to reevaluate our policies and consider what must be done to protect our property, our residents and ourselves when the 100 gallon aquarium on the third floor breaks, Polly the parrot "custom decorates" the
woodwork and Bob the boa constrictor joins everyone at the pool.

Source: Some of the information in this article obtained at www.comportone.com by Anne Sadovsky.

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