Ask a Lawyer: Rules for Pets

By: Steven M. Williams

I own apartments and manufactured home communities but do not own any of the homes in the communities—they are all owner-occupied. In my apartments, I charge all residents a non-refundable pet fee if they want to have a pet. Can I do this in my manufactured home communities?

With a few exceptions, you can charge your residents what you want as long as you have properly disclosed all charges. However, I see two possible issues with the non-refundable pet fees. First, you would not likely be able to charge the fee retroactively. Second, I question why you need to charge this fee. Normally, as in your apartments, these fees cover any damages caused by the pet. In tenant-owned homes, this is not a concern. So, while you can charge these fees, I suspect that the Attorney General’s office might have a problem with this and that some judges would not enforce such a fee.

We are getting a lot of requests for service and assistance animals. We allow pets but have breed and number restrictions for them. Can you provide a refresher on what we need to know to avoid trouble when considering these requests? I know that HUD and the PHRC are particularly focused on fair housing violations regarding service and assistance animals, and I would like to stay out of the “crosshairs.”

A service animal is a dog specifically trained to perform some work or task that benefits its disabled owner. Assistance animals include emotional support, therapy and comfort animals that are not trained but rather provide support to their disabled owners simply by being present in the home. Here are my top ten suggestions to avoid fair housing problems:

1. Service and assistance animals are not pets. So, don’t enforce your pet rules, don’t charge your pet fees, and don’t apply your breed and number restrictions to them.

2. Don’t ask for too much information. To evaluate a resident’s request for a service animal, you are entitled to ask only two questions: is the animal needed due to a disability, and what work or tasks has the animal been trained to perform? To evaluate a resident’s request for an assistance animal, you are entitled to verified documentation only that:
   1. The resident is disabled;
   2. The resident needs the animal to accommodate the disability;
   3. There is a connection between the need for the animal and the disability; and
   4. There are no other accommodations that will work for the resident.
3. In considering a resident’s request, do not ask what the resident’s disability or diagnosis is, and do not request or review medical records.
4. Approve or reject a service or assistance animal request without delay. An unreasonable delay will be treated as a denial and can lead to liability for a fair housing violation.
5. Do not limit verifiers to medical professionals. Accept any third person with direct knowledge of the disability and the need for the animal as a verifier. In many cases a verifier will be a medical professional, but the law does not require it to be.
6. Do not deny a request without first engaging in the interactive process, g., giving the resident the opportunity to discuss with you the need for a service or assistance animal.
7. Do not require leashes. You are entitled to require that a resident keep a service animal or assistance animal under control at all times, but the law does not require a leash at all times.
8. Do not deny an animal based on generalized assumptions, fears or speculation that the animal may cause injury or damage or because the animal is part of a “dangerous” breed. Rather, deny an animal only if you have objective evidence of the dangerous nature of the specific animal being requested.
9. Do not disclose anything about a resident’s disability. If asked why another resident has an animal that is not consistent with your pet policies, say only that you are in compliance with all applicable laws. Saying anything more could result in a fair housing violation.
10. Do not evict a resident whose service or assistance animal engages in conduct that violates the lease. Rather, work with the disabled resident to find a solution to the offending conduct before you demand the animal’s removal.

I have completed the abandonment process for a resident who was evicted and left her home in my community. She also left a car here. My lawyer tells me that the home abandonment process does not include the car. If he is right, how do I get rid of the car?

Your lawyer is correct that the abandonment process in the Manufactured Home Community Rights Act does not include the car—it has to be handled separately. There are three ways to do this. First, you could ask your local police to declare the car abandoned and then have a towing company remove it from your property. Second, if you have a relationship with a towing company, you could remove the car without police involvement. Third, you could file a lawsuit in your county Court of Common Pleas asking for a court order declaring the car abandoned and directing PennDOT to issue the title to you. This third option is a good one if the car is valuable. Otherwise, I recommend one of the first two options. Unlike a lawsuit, they will not cost you anything, and the process can be completed much more quickly.

I am a real estate agent and have a client who is purchasing a home in a manufactured home community. We are settling on the 15th of the month. The community owner requires that my buyer pay rent for the entire month rather than prorating it on the settlement date. I have never come across this; in every other sale I have done, the community owner has prorated the lot rent so that my buyer only pays from the day of settlement forward. Is this proper?

The answer depends on whether the home’s seller has paid rent through the settlement date. Since the home is on the community owner’s lot, he is entitled to full rent for the entire time the home has been there. The owner does not have to approve your client’s residency (which, of course, will impact the sale) unless all rent is paid. In cases where a seller has not paid all of the rent, the owner has the right to collect it from the buyer, even though the buyer did not take possession prior to the closing date. In this event, your client should insist that the seller reimburse him the rent owed up to the settlement date. If the rent is current to the settlement date, the community owner cannot charge your client for pre-settlement rent.

Am I correct that I cannot “non-renew” a lease with one of my residents?

If the resident rents the home and the lot from you, you can non-renew the lease for any reason. However, if the resident owns the home, you can only terminate the lease due to a lease violation, the closing of the community, or a change in the use of the lot. Thus, you may not non-renew the lease of residents who own their homes. Their leases (regardless of the length of the term stated in the leases) are on perpetually-renewing terms.