HEROs Ledger Issue 08!
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ISSUE: 08 |
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Many landlords are concerned about service animals, emotional support animals and how to navigate it all. The main focus of this issue is to start digging into that. I also touch on what’s unfolding regarding taxes for real estate investors.
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Is It a Pet or Not?One of the more challenging questions facing housing providers has to do with rental applicants indicating that they have an animal, but they aren’t sure how to describe it. Sometimes they will say it’s a pet, sometimes it’s an emotional support animal, and sometimes they call it a service animal. Here are some guidelines from the perspective of cases I have helped litigate in Ohio.
When someone shows up with a service animal (which should be on a leash and have the appropriate designation in the form of a vest), it should be well behaved and under control. Under no circumstance can a housing provider charge additional rent or an additional deposit for a service animal because it is an extension of the disabled person’s body. |
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Emotional support animals: This is the very gray area with the most controversy and confusion when it comes to tenants and animals. The information I’m giving you is based on a case that was litigated up to the Court of Appeals, 11th Appellate District, in Ashtabula County, Ohio, and cited as Grybosky v. Civil Rights Commission, 2017 OH 7125.
I had the opportunity to assist the OREIA attorney of record, Tarin S. Hale. This was the impetus for my working with National REIA and other investors along with former State Senator Kevin Coughlin (now a candidate for the 13th Ohio Congressional District) to change the law in Ohio.
In this case, one tester for a fair housing resource center told Ms. Grybosky, the landlord, in a phone call that he had an “anxiety disorder” and needed a “therapy dog” to help him sleep. She said she would allow the dog but asked for an additional $100 deposit in case there was any damage caused by the dog. The trial court determined that an “anxiety disorder” was not enough information to put a housing provider on notice that an actual disability existed that affected a person’s activities of daily living, and that “therapy dog” was a vague and uncertain term.
Since then, things have gotten more specific, and while we have had good law developed in Ohio, both legislatively and through the court system, it’s important for you to remember, no matter where you live, that anyone who applies to rent your property who claims to have an “emotional support animal” needs to provide you with relevant, current documentation from a medical provider identifying the disability or condition for which the emotional support animal is needed, as well as something from a veterinarian indicating that the animal identified by the medical provider is the same animal that the applicant currently has.
Once again, the most valuable resource you can use is PetScreening.com. Every applicant should be directed here whether or not they have a pet right now. |
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“The price of freedom is eternal vigilance.” -Thomas Jefferson ___________________________________________________________________________________________________ |
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Taxes, Taxes and More TaxesThe political convention season is over, and we are now being hit with a wave of information regarding new and potential tax ideas. As we all know, Congress has an insatiable thirst for spending money, and that requires more ways to raise revenue. For those who believe in using tax policy to achieve social equality, this is a great opportunity for them to advance tax policies that are, in my opinion, destructive.
This is especially true for any policy regarding unrealized capital gains and a heightened capital gains tax rate on individuals in a higher tax bracket. The initial suggestion that the higher capital gains tax bracket is only for those who have an ultra-high net worth of $100 million or more quickly falls apart when you understand that when the IRS adopted the income tax code in 1913, it was only supposed to apply to about 5% of the population. Fast forward about 40 years, and we had an aggressive tax code that was applied to the majority of Americans. Fast forward another 70 years, and the tax code applies to every American in the form of taxation and social policy. Anyone who suggests that the capital gains tax rates will be limited to those with a super-high net worth does not understand history.
Any proposed tax on unrealized capital gains will have a detrimental affect on every aspect of the United States economy. If you have to pay a tax every year on the amount your property appreciates in value, one of two things will happen. Either you have to sell assets to pay the taxes, or it will result in deflationary pressure on the value of the assets because no one wants to buy them because no one wants to pay the taxes on them. We will then be led into a battle over what something is really worth when there is no market for the asset. |
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Stay Engaged…Based on the information I’ve shared with you in this newsletter, I think it’s clear how important it is for you to continue to engage as a Housing HERO, and that you and your likeminded friends are registered to vote. It’s also important that you become more aware of local, state and federal issues. We have to break out of the noise bubble where we are only seeing selective issues. We must also focus on what is happening locally and in our state. |
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As Always, Thanks for Reading…Remember, if you have questions, please reach out. You can reply to this email, but it would be best if you post it in the Facebook Group. This way everyone can benefit from it.
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Disclaimer: The information above is provided for general informational purposes only and does not create an attorney-client relationship between the author and the reader. The information you obtain from this email is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established. |
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Jeffery Watson |
