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JaredUmm t1_iqwso3f wrote

Reply to comment by jaydub1001 in In Missouri can a landlord request/demand proof of a service animals credentials? by EdBlake1986

You are incorrect. If you ask a blind person for any sort of documentation that their dog is a service animal when the need for the service animal is readily apparent, you are at risk of HUD fines.

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jaydub1001 t1_iqwtkvs wrote

We make no assumptions about a person's disability and if a person says they have a dog, we charge a fee. If they say they have a service animal, we ask for documents. That's not illegal.

Edit: did some digging. We can't demand to know what the service animal does if it's apparent. We never ask what the disability is but they usually provide that info themselves to go along with the service animal info.

ESAs require documentation by a therapist.

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JaredUmm t1_iqwu8vm wrote

It actually is. Not criminally, no, but it is in violation of HUD. A blind person has a right to train a dog themselves. They do not need to comply with your request for some sort of documentation they do not have. If you were nice about the whole thing and complied when they escalated the issue, you may not see any punishment. But if you insisted on your policy, you would be fined if HUD got wind of it.

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[deleted] t1_iqwy3w0 wrote

[deleted]

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JaredUmm t1_iqwyl5q wrote

No, all housing except for owner-managed if the owner has less than 4 units.

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[deleted] t1_iqx0bxi wrote

[deleted]

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JaredUmm t1_iqx2p76 wrote

https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf

This is probably the fullest, most up-to-date resource on this subject. It may not answer all your questions, but we are dealing with questions of how HUD understands their objective to punish discrimination, so the the statute doesn’t say “ thou shalt not request documentation from blind people.” It says “don’t discriminate based on disability” and HUD and judges have created guidelines to detail what that means in practice.

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Always_0421 t1_iqx3zr6 wrote

I thought this part was interesting:

Performing “work or tasks” means that the dog is trained to take a specific action when needed to assist the person with a disability.

o If the individual identifies at least one action the dog is trained to take which is helpful to the disability other than emotional support, the dog should be considered a service animal and permitted in housing, including public and common use areas. Housing providers should not make further inquiries.

o If no specific work or task is identified, the dog should not be considered a service animal but may be another type of animal for which a reasonable accommodation may be required. Emotional support, comfort, well-being, and companionship are not a specific work or task for purposes of analysis under the ADA.

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