landlord/tenant Q&A

CATHERINE M. MATTHEWS (R), GRI
Broker-In Charge, Callahan Realty, Ltd.
Past President, Oahu Chapter
National Association of Residential Property Managers

Q. I heard that there is a new law that Landlords can use to weed out the people that falsely claim they have an emotional support animal. I know some people need these animals and that is good that the animals can help them, but I think a large number of people with no real need are making false claims to get their pets into my apartment building. Can you explain the new law to me?

A. On July 10, 2018 there was new law that was established, Act 217, that created a civil penalty for “fraudulently representing a dog as a service animal.”

The new law helps to discourage people from falsely representing their pet as a service animal to request that they be allowed into places that pets/animals are prohibited. People that falsely bring their pets into public places and lie about it may be subject to a fine. This law is separate from and does not have to do with The Americans with Disabilities Act (ADA).

Under the ADA, service animals have been defined as dogs and miniature horses that are individually trained to do work or perform tasks for persons with disabilities. Additionally, under the ADA, you may ask only two questions of a person with a service animal. You may ask if the dog is required because of a disability and what work or task the dog has been trained to perform. You may not ask either of these questions if the disability is apparent; for example, if the person is confined to a wheelchair or blind. You may not ask for further documentation.

When I refer to a dog, I am also referring to a miniature horse, but I have never come across one. The ADA specifically excludes what we commonly refer to as emotional support animals, or animals not trained to do specific tasks.

Act 217 is also separate from and does not apply to housing. Under state and federal fair housing laws, a person with a disability has the right to request a reasonable accommodation from a Landlord to allow an assistance animal, therapy animal or emotional support animal. People often refer to the animals in multiple ways; Hawaii law puts them together in one category called assistance animals. Whatever they are called, if the animal provides emotional support or assists the person with a disability in some way, you must allow the animal. The animal is not limited to a dog or miniature horse. You may require a letter from a doctor, health professional or other person. You may not ask what their disability is; only have the person writing the letter state the animal in needed because of the disability. You may not treat the animal as a pet nor may you ask for a pet deposit. You may require them to abide by leash and pick up laws.

The government appears to be acknowledging that there are people abusing the “newer” assistance animal laws. The thing to keep in mind is that the new law passed does not apply to housing at all.