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By Tina Cassidy Nearly every landlord has a story of a tenant whose pet ran afoul. "There are a lot of irresponsible pet owners that spoil it for everybody," said Frances Shifman, partner in S/C Management Corp., which oversees more than 3,000 multifamily units in the area. Whatever you do for one you must basically permit for all and it becomes a very difficult situation to control," said Shifman. While laws and policies have made it increasingly easy for those in federal and state subsidized housing to own pets, finding private sector landlords who allow animals is becoming more and more difficult in the Boston area, real estate professionals and prospective tenants say. And often, when a pet owner tries to find an apartment or even purchase a condominium, having animals precludes them from moving in. "Many condo buildings that in the past had accepted pets have recently or within the last few years decided that pets in a building, specifically dog pets, can add significantly to the maintenance costs in the annual budget," said Nora Moran, owner of the Moran Co. Realtors on Newbury Street. "Rentals are even harder. Most landlords don't want to rent to someone who has a pet." The tightening of the rental market has enabled landlords to be more choosy about their tenants - and the kind of pets they have, if any, rental brokers and property owners say. In the late 1980s and early 90s, when landlords did just about anything to avoid vacancies, allowing pets was an easy way to attract tenants. Lincoln Heights, a five-year-old apartment complex in Quincy, did just that. The management company originally allowed cats and dogs until about two years ago. Some residents were complaining about owners not picking up after their dogs and with occupancy reaching comfortable levels, Lincoln Heights banned canines outright. The complex still allows cats, but owners must pay an additional pet security deposit of $1,000 for a one-bedroom unit and $1,500 for a two-bedroom unit. Rents range from $826 to $1,223. The same happened at the Somerset and Windsor apartment buildings on Commonwealth Avenue, which allowed pets during the depressed market and then halted the policy when the economy improved. Of the full-service buildings in the Back Bay, only the Ritz-Carlton, the Four Seasons and the Heritage currently permit pets. According to the Greater Boston Real Estate Board's Rental Housing Association, the area's apartment vacancy rate has been cut nearly in half since 1991 to a low 4 percent. As a result, those with dogs and cats and even snakes who need to move by the end of the summer say they are concerned the squeeze might force them to give up their pets. At the Massachusetts Society for The Prevention of Cruelty to Animals in Jamaica Plain, shelter workers say the top reason for people giving up their pets is scrawled on cards attached to the cages of disowned cats and dogs: "Landlord won't allow." In the Boston shelter alone, owners surrender about 250 dogs and 500 cats a year because of housing restrictions. In 1994, l9 percent of all animals surrendered to the MSPCA's seven shelters statewide were due to landlords not allowing them. a 5 percent increase over the previous year, according to MSPCA spokeswoman Melissa Bassett. The MSPCA estimates that about 80 percent of all animals turned in to shelters are euthanised. Kara Holmquist, a legislative assistant at the MSPCA and owner of a three-year-old golden retriever named Berkeley, was recently notified of a rent increase that is forcing her to move out of her pet-friendly apartment. After weeks of being quickly refused by prospective landlords, Holmquist found out first hand how difficult it can be to find housing that accepts pets. Drawing on her own agonizing experiences, Holmquist is trying to put together a list of rental agents and possibly even landlords who are willing to work with pet owners. "I made lots of calls to real estate agents who said, 'You'll never find anyone who accepts pets,¾ Holmquist recalled in her office, adorned with photos of her beloved Berkeley. Last weekend, Holmquist succeeded in finding a new place. Her new landlord, who has a dog herself, was sympathetic and impressed with the documentation showing Berkeley was well-behaved. There are no laws concerning pets in privately owned and managed apartments. Nor are there any guidelines as to how much a landlord can charge for a special security deposit to protect against any pet damage. "The law has become fairly settled in favor of the landlords and the condo trustees," said Philip Lapatin, a real estate attorney at Sherburne, Powers & Needham in Boston and "And from where we sit at the real estate board we think that's nifty," he said. And as for condos, the court in 1993 ruled it is reasonable for associations to prohibit pets, adding that is up to the pet owner to persuade the association to allow animals in the units. Meanwhile, a pet ban must be written into the condo's master deed. But there are laws and policies allowing pets in federally subsidized housing for the elderly, disabled and families in Massachusetts. The problem is, the laws are being broken. Only 133 of the state's 257 housing authorities are abiding by the law, according to an MSPCA survey. In response to significant evidence that pets have positive mental health and physical benefits for senior citizens and can serve the disabled, a 1989 state law began allowing pets in subsidized housing for both groups of people. In 1990, the Americans with Disabilities Act required private landlords to "make reasonable accommodation" for disabled tenants with an emotional or physical need for a pet. That vagueness has been a point of contention for renters and property owners alike. There is also a new policy out of the state's Executive Office of Communities and Development, which allows pets in subsidized family housing as long as 51 percent of tenants approve of the idea. The little-known policy, which went into effect about a year ago, is being used in approximately 20 housing developments in Massachusetts. The EOCD guidelines are nearly identical to the pet law regarding the elderly and disabled. There have been successful cases of people with AIDS arguing that they fall under ADA's guidelines for allowing pets. And the MSPCA is starting Phinney's Friends, a program designed to further help people with AIDS keep their pets in any type of housing. "It really poses a hardship" said Martha Armstrong, director of animal welfare at the MSPCA, "This is their lives." Here is some advice on how to go about finding an apartment when you have a pet. The suggestions come from the MSPCA, tenants who have succeeded in persuading potential landlords, property owners and rental agents:
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