Phil Querin Q and A - "Assistance Animals - When Do They Become A Ruse?"


Question: Our community is having more and more residents who purchase pets as puppies, sign the MHCO Pet Agreement that CLEARLY STATES our maximum 25 pound weight limit, and then over time, and the animal becomes too large, they refuse to remove it from the community, and claim their pet is really a "service animal," "assistance animal," "emotional support animal" or some such other animal which they believe protects them from us enforcing the size limits they previously agreed to. What can be done? Do we, as landlords, have any recourse to require residents to get rid of their animals, as they are abusing the system to circumvent our size requirements?

Form 1099 and Protecting Your Investment

If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an "older person". If you own property designated as housing for "seniors" you should periodically refresh yourself on the state of the law protecting "older persons" and to avoid the mistakes of other property owners.

Americans With Disabilities Claims (ADA) - Is There a Target on Your Back?

On July 26, 1990, President Bush signed into law the Americans with Disabilities Act ("ADA"), The Americans with Disabilities Act Accessibility Guidelines (the “1991 Regulations") were shortly thereafter developed to guide new construction and alterations undertaken by covered entities and established the minimum requirements for "accessibility" for disabled persons in buildings and facilities and in transportation vehicles. After more than twenty years, the Department of Justice implemented new regulations, which became mandatory in 2012 (the “2012 Regulations.”) Your state may have passed parallel laws, which could increase the protection of individuals with disabilities, e.g., the Unruh Act in California. However, this article focuses on Federal ADA compliance. Keep in mind that the ADA is a civil rights law, which addresses a number of subjects, but this article focuses on ac- cessibility (no longer called “handicap”) issues only.

Can You Afford to Keep Utilities Included in Your Rent?

For better than two decades, one of the most significant and unpredictable factors influencing the bottom line of multifamily housing properties has been rising utility costs. This doesn't cause quite as much heartburn for property owners who have wisely passed such utilities through to the residents to pay in addition to their rent. However, for the overwhelming majority of properties, particularly those which were developed prior to the 90's, the rent charged typically includes any combination of utilities including water, sewer, garbage, and to a lesser percentage electricity, natural gas, cable television/satellite, and internet services.

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