When to disclose service dog when renting

May 20, 2018 7:46 PM

I am moving across the country. I will be applying for housing without meeting the landlord in person. Accessible housing in my budget is limited. I can’t afford for a potential landlord to deny an application because I am expecting them to break their no-pet policy. I want to wait to disclose my service dog until after I am approved, but at the same time I don’t want to become A Problem Tenant.

I know and you know that it is illegal to discriminate against someone who uses a service dog. That’s great. In practice, it is very difficult to prove that the reason an application was denied was due to discrimination against a protected class.

I am moving to the San Jose area. I have always rented from “pet friendly” places so I just don’t pay fees rather than having the landlord make an accommodation, but am not finding very many options. I want to wait to disclose my service dog until I am approved for a lease because of a bad experience a few years ago. But I also don’t want to piss off a landlord.

When accepting this job, I requested a few accommodations after I was given the offer.

Does that same suggestion apply to rental housing?

posted by apex_ to Law & Government (4 answers total)

It varies. Some places will be perfectly fine accomodating your service dog, others will have an onsite manager who will get upset and find ways to make your life more obnoxious. Like you said - legally they can't do anything. But if someone is determined to be a poison pill, they'll find all kinds of creative methods.

Just in case your first choice ends up turning into a nightmare, keep your other choices on file and be prepared to move after a year. (That will also give you time to learn the area better, possibly network with people locally and find housing that will work better for you.) It isn't ideal, but it lets you juggle fewer chainsaws at once.
posted by Tailkinker to-Ennien at 8:00 PM on May 20, 2018

This could get a bit wonky, renting a place sight unseen in the Bay Area is extremely risky (so many scams!) unless you are renting from a large complex with a stable management structure and a reputation to uphold. Those places all know about service dogs and the rain of crap the ADA will visit upon them if they give you a hard time, so it’s unlikely to be a problem. I personally wouldn’t disclose until the lease was signed, but I suppose it depends on the situation.

If you’re not looking at large managed complexes, I strongly suggest you rent an AirBnB for a month and apartment hunt in person once you get here.
posted by ananci at 10:28 PM on May 20, 2018 [7 favorites]

Even though it's hard to answer this without a picture of said doggo, it's probably better to disclose after you get a place because you're right; you may be rejected because of the dog. I recently had an ugly run in with my landlord about my son's service dog, Detective Kima (tax here).

I could not find anything in ADA law or service animal law that states specifically when renters have to disclose; it just says your landlord has to provide reasonable accommodation and can't deny a service animal. So I'd wait until you have a place, then tell them. It won't mark you as a problem tenant.
posted by yes I said yes I will Yes at 3:08 AM on May 21, 2018 [4 favorites]

Could you get some nice testimonials about how easy your dog is as a tenant? Not that you need them but that will help it go down easier. I would personally also avoid listings that specifically call out pets in the copy of the ad (not the little checkmark thing on cl but actually taking time to type "NO PETS". I would also avoid historic properties or furnished places that all may be upset with a surprise doggo.

Beyond that, I would be firm but friendly and not disclose until you feel the time is right.
posted by arnicae at 7:18 AM on May 21, 2018