Pet Limits and Service Dogs (Portland, Gresham: apartment complexes, rental, insurance)

[texasdiver]

And honestly, there is enough gray area in the law that you are really going to want to find an apartment that is actually willing to allow 4 pets. Trying to force your way into one that is not interested in accommodating that many animals by playing the "emotional support" card and talking about "your rights" is not going to endear you to most landlords who have most likely seen it all and most likely have better attorneys than you have. This is a tight rental market and the courts are very slow and backlogged. I wouldn't hold out much chance in suing your way into an apartment complex that doesn't want you. Even if you could even find an attorney to take the case.

[jencam]

Originally Posted by oregonwoodsmoke

But they will still fill up the allowable animal limit.


There is no law anywhere that says a landlord has to allow pets. A landlord is not legally forced to allow two pets, and so he doesn't have to accept two service animals, which are not pets, and yet still allow another two pets, who are pets, into the rental.


If the building is "no pets" a service animal can still get in because it is not a pet. But if the building generally allows one pet, the one service animal is going to fill up that slot (almost always, at the landlord's discretion).


Pet allowed buildings are always pets allowed with approval. It isn't a blanket "bring whatever you want".

They do not count toward the pet limit because they are not pets. Federal Law is not open to LL's discretion.

[texasdiver]

Originally Posted by jencam

They do not count toward the pet limit because they are not pets. Federal Law is not open to LL's discretion.

But whether they rent to you at all and how much they charge for rent is within their discretion. What are you going to do if the landlord says "OK, you can rent the place but we have made an unrelated policy decision to raise rent on that unit by $500 a month. It's not a pet fee, it's just the new rent for that unit.

[Cinema Cat]

Originally Posted by jencam

They do not count toward the pet limit because they are not pets. Federal Law is not open to LL's discretion.

* Federal law does NOT protect your "right" to even one pet. Just ONE service animal.

* So under federal law, the landlord CAN say: You can have one pet OR one service animal. But not both.

Federal law is cool with that, because it still allows you ONE service animal. Federal law doesn't care if you're not allowed any pets.

But I can see no one's going to convince you. You came here not for advice, but for affirmation.

[jencam]

Originally Posted by Cinema Cat

* Federal law does NOT protect your "right" to even one pet. Just ONE service animal.

* So under federal law, the landlord CAN say: You can have one pet OR one service animal. But not both.

Federal law is cool with that, because it still allows you ONE service animal. Federal law doesn't care if you're not allowed any pets.

But I can see no one's going to convince you. You came here not for advice, but for affirmation.

? It's not my thread. Of course I am not asking advice.

If there is a one pet policy the service animal doesn't count. So if someone has a service dog (not a pet) their other dog or cat is the one pet.

[texasdiver]

I'm actually genuinely curious how this all plays out in real life.

How easy is it for a couple to get an apartment in Portland's rental market with two dogs (which they apparently have letter "certifying" them both as emotional support dogs) as well as two cats. How may landlords or agencies laugh in their faces or, alternatively, roll over and say "Oh, you have a LETTER. That changes everything then. Here's the keys to the apartment.

Or are you stuck getting an apartment sandwiched between a biker bar and tattoo parlor somewhere in the "bad" side of Gresham?

[Cinema Cat]

Originally Posted by jencam

If there is a one pet policy the service animal doesn't count.

That's for the landlord to decide. Not for you. Landlord makes the rule. Landlord interprets the rule.

[StealthRabbit]

Originally Posted by MrFreeze2014

Hello,

Does anyone have any experience getting into an apartment or renting a house with emotional support animals? ... If so, how do you prevent renters from discriminating against you anyway? Couldn’t they just turn you down and say it’s for some other reason?

...

...Pet Limits and Service Dogs

Whoa... These are NOT the same thing (which you are weaving into your story)
ESA is not a Service Animal, in no way, shape or form (no matter what your internet registration might imply.)



I sold my MF residences, and displaced 3 senior couples who had enjoyed very inexpensive rents and QUIET homes for over 10 yrs when 100% of my future tenant applicants said "I have a Service Animal and you cannot discriminate against me". First thing out of their mouth. I'm not going there with my capital at risk, so I unloaded the place. NONE of them had a registered / trained, certified Service Animal. Only a cheesy internet form from psychiatrist and a wrong colored pet vest noting "ESA"... You're outta here !

I already spent way too much $$ and time in court over an unapproved Pit Bull who tore up the postman and nearly killed a toddler. (child of the tenant with the unapproved dog). The owners tended to side / support the dog rather than their own kid.

BTDT.

Not with my personal capital / liability exposure at risk.

(I've been a pet owner for over 5 decades, NEVER would I impose my 'pet' on someone else, or their rights to safety, freedom and QUIET)

I always ask the ESA people on airplanes how they could possibly justify risking the danger of their ESA's life on an airplane that could crash? ESA has no choice in the matter. That's selfish and sad. (Not to mention the 200 other lives they are selfishly jeopardizing on that craft). ESA's are not trained to respond to legitimate commands.

Portland flights usually = a bad case of fleas.

[jencam]

Originally Posted by Cinema Cat

That's for the landlord to decide. Not for you. Landlord makes the rule. Landlord interprets the rule.

Federal laws override LL rules.

[jencam]

Originally Posted by StealthRabbit

...Pet Limits and Service Dogs

Whoa... These are NOT the same thing (which you are weaving into your story)
ESA is not a Service Animal, in no way, shape or form (no matter what your internet registration might imply.)



I sold my MF residences, and displaced 3 senior couples who had enjoyed very inexpensive rents and QUIET homes for over 10 yrs when 100% of my future tenant applicants said "I have a Service Animal and you cannot discriminate against me". First thing out of their mouth. I'm not going there with my capital at risk, so I unloaded the place. NONE of them had a registered / trained, certified Service Animal. Only a cheesy internet form from psychiatrist and a wrong colored pet vest noting "ESA"... You're outta here !

I already spent way too much $$ and time in court over an unapproved Pit Bull who tore up the postman and nearly killed a toddler. (child of the tenant with the unapproved dog). The owners tended to side / support the dog rather than their own kid.

BTDT.

Not with my personal capital / liability exposure at risk.

(I've been a pet owner for over 5 decades, NEVER would I impose my 'pet' on someone else, or their rights to safety, freedom and QUIET)

I always ask the ESA people on airplanes how they could possibly justify risking the danger of their ESA's life on an airplane that could crash? ESA has no choice in the matter. That's selfish and sad. (Not to mention the 200 other lives they are selfishly jeopardizing on that craft). ESA's are not trained to respond to legitimate commands.

Portland flights usually = a bad case of fleas.

There is no such thing as a 'registered' service dogs except BS internet sites that take people's money to become 'registered' to satisfy people who don't understand the laws OR to cheat.

For an honest person, it's cheaper for their own Dr. to write a letter for an ESA than the internet jobs. But some people won't accept that, they want to see it 'registered' so they have to go pay for a meaningless piece of paper and/or vest.

What is the 'right' color vest, btw? There is no such thing. There is no official color because there is no 'official' service dog or ESA.

People can train their own. Where are they then supposed to get papers? There is no agency that checks the dog's abilities and signs off on them.

I don't happen to agree with ESAs being on planes because they don't necesarily have puclic training for that and they are not given public access in any other way. But what you said didn't make any sense. Children have no say if they are on planes and could crash. So, what?????

Also, an ESA could absolutely respond to 'legitimate' commands, whatever that means. I have a neighbor whose dog is under his voice commands totally. He is not an ESA or Service dog, he is just well trained.

Any dog may or may not have whatever degree of training.