Service Animals Are Not Pets

Elsie Foster • August 17, 2017

What is a true service animal?

A brown and white dog wearing a backpack is standing in front of a house.

   A true service animal is one that has been trained to assist a disabled individual in performing certain tasks.  One of the more common types of trained service animals is the seeing-eye or guide dog that assists the blind.  Another example would be the diabetic alert dog that is trained to alert to a change in blood sugar levels.  A service dog has received extensive training and will not bark or otherwise misbehave.  Many times they will wear a harness or other identifier.  However, be aware that there are people online selling fake service dog certifications without even knowing anything about the animal.  Most, but not all, true service animals are dogs.


   A landlord may request verification from the tenantʻs health provider confirming the animal is needed by the tenant.  However, the landlord may not ask the tenant about the disability itself.  A service animal is NOT a pet and the landlord is therefore not permitted to charge a disabled tenant a pet deposit.  However, the landlord may charge the tenant for any damages the animal may cause.


   An emotional support animal (ESA) is not a trained service animal.  Its purpose is to provide comfort to someone who suffers from anxiety and/or similar issues.  As with a service animal, the landlord may not collect a pet deposit for an ESA.  However, they may evict the tenant is the animal is damaging the property or creating other problems.


   A landlord may decide not to accept an ESA in their rental unit if it causes them undue hardship  As an example, a landlord may deny as ESA if it will result in an increase in their insurance premium.  Insurance companies have been known to cancel homeowner policies if there are certain breeds of dogs on property (i.e. Pit Bulls and German Shepards).


   Understand the difference between a service animal and an emotional support animal.  The laws can be complicated and it is always best to contact an attorney for assistance if needed.





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There are several things that first-time landlords often don’t consider when they buy a rental property. Take John, for example. He bought his first rental property thinking it would be simple: collect the rent each month, pay the mortgage, and pocket the rest. For the first few months, things went smoothly. But then the tenant lost his job, moved out early, and left the place a mess and without paying the last month’s rent. John spent his weekends cleaning up, only to have the water heater give out the next week. To make matters worse, his HOA sent him notice that maintenance fees were increasing by $100 a month. Unfortunately, John’s story isn’t unusual. Here are some ideas for aspiring landlords. No matter how strong the rental market seems, there will always be downtime between tenants. Smart landlords plan for one to two months of vacancy every year so they’re not blindsided when the rent stops coming in. Maintenance fees, property taxes, and insurance rarely stay the same. Landlord insurance costs more than a standard homeowner’s policy, and it’s important to build these rising expenses into your budget. Plumbing leaks, broken appliances, pest infestations—these are inevitable. Our salty air and humidity only speed up the wear and tear on properties. And then there are the big-ticket items: roofs, windows, or even foundation issues. A good rule of thumb is to set aside about 10% of the rent each month for repairs and maintenance.  Even the best tenants don’t always return a property in “move-in ready” condition. Repainting, landscaping, and other turnover costs are part of the cycle. New landlords sometimes forget to budget for professional services. From property managers to accountants to attorneys, having the right team can save you money in the long run. Landlords who succeed aren’t just collecting checks; they’re running a small business. The key is to expect the unexpected by planning for vacancies, rising costs, repairs, and turnover. If you budget wisely, set aside reserves, and treat your property like an investment instead of a gamble,
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We have all seen them. The mailbox is leaning against the fence, stuffed with unopened letters and junk mail, and the grass is so tall it hides the front steps. No one’s been home for a long time. Every community has a house everyone drives past and wonders about. Perhaps the owner passed away, the family relocated to the mainland, or the bank has yet to complete the foreclosure. Whatever the reason, each abandoned home has a story to tell. In real estate, we often see homes frozen in time. Life has stopped, but the house waits. Sometimes, it happens suddenly, such as when a homeowner dies without a will or kupuna move into care. At other times, financial hardship leaves the property in limbo, neither sold nor properly maintained. Delays or disagreements can leave homes sitting vacant for years. On average, it takes approximately six years to complete the foreclosure process in Hawai’i.  In just a few months, stray cats move in, paint peels, vines climb walls, and everything seems to rust in the salt air. For neighbors, the sight of an abandoned home can be heartbreaking and upsetting, as these overgrown lots often attract pests, dumping, and trespassing, including squatters who occupy them for illegal activity, which can persist for years. However, even the worst can be brought back to life with patience and vision. If there’s an abandoned property on your street, don’t look away. Report safety issues and stay involved. And if you’re a homeowner, take steps now to keep your property out of limbo by creating a will or trust and communicating with your family. These small steps can prevent your home from becoming another boarded-up property in the neighborhood.
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