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Animal Welfare Board weighs in on landlord pet restrictions

Doggone Well Staff by Doggone Well Staff
October 17, 2024
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Animal Welfare Board weighs in on landlord pet restrictions
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The Animal Welfare Board. (The unidentified person on the top row, second from the left, is board member Chris Swanson.) Credit: Wendi Kromash

The Animal Welfare Board covered plenty during its virtual meeting on Wednesday, Oct. 9, but spent much of its time discussing proposed changes that would prohibit restricting tenants based on the breed of their pets.

At the Aug. 19, 2024 Human Services Committee meeting, Evanston Councilmember Devon Reid (8th Ward) recommended the Human Services Committee approve an ordinance creating a section in the municipal code for ending breed restrictions for residential properties and adding vaccination requirements for dogs.

In an Aug. 19 memo to the members of the Human Services Committee, Ike Ogbo, Health & Human Services director, agreed with Reed and recommended the committee approve the ordinance for action. Key points from Ogob’s memo include:

  • The Humane Society of the United States offers that there is no evidence that breed-specific laws or perceived breeds reduce attacks on people but that resources should be channeled to more effective animal control, education and public safety initiatives;
  • The impetus for the creation of the new ordinance is to hold owners accountable for issues with their dogs rather than place the blame on a dog due to its breed;
  • In terms of insurance, Illinois Statute 215 ILCS/143.10 (e) emphasizes the prohibition of insurance companies refusing to issue, renew, charge, impose, limit, exclude, or reduce coverage or increase the premium or rates based on a specific breed or mixture of breeds;
  • The Human Services Committee agreed to incorporate pet licensing and vaccinations into the ordinance; and
  • Changes incorporated in the municipal codes include licensing dogs regardless of breed and mandating rabies vaccinations for cats and dogs, including verifying vaccinations before a license is issued.

Concern about possible weight restrictions

Ross Barker, program director of Pet-Inclusive Housing Initiative, said, “This sort of issue is trying to expand access to rental housing for people with pets. … We are a private nonprofit foundation. We’re not selling anything and I guess we have the luxury of being able to talk to housing owners and operators about their policies … just talk to them about what would make sense for them in terms of allowing more pets and finding better access for families with pets.”

Barker expressed concern that the proposed ordinance does not go far enough. Landlords will impose weight restrictions if they can’t restrict certain breeds.

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He cited statistics related to Evanston: of 12,000 rental units, about 71% are pet-friendly, which matches the national average. Only 9% of rental units have no restrictions. About 25% have no weight restrictions. Most current restrictions apply to pit bulls, German shepherds, dobermann pinschers and Rottweilers. The average weight restriction in the U.S. is 44 pounds, but in Evanston the average weight limit is 36 pounds.

Vicky Pasenko, executive director of the Evanston Animal Shelter, noted that every dog that is available for adoption in the shelter weighs more than 36 pounds.

Barker cited results from a groundbreaking study in Science magazine that challenges breed stereotypes. The study concluded, “Dog breed is generally a poor predictor of individual behavior and should not be used to inform decisions relating to selection of a pet dog.” 

Seeking a reasonable approach

The Pet-Inclusive Housing Initiative provides resources for rental housing providers including a sample pet agreement for living in a rental unit including a pet personality profile.

Pasenko noted that when people need to downsize their living situation, often to save money, their pet is often unable to come along.

Pasenko said the most common reason offered for surrender is economics.

“People are often downsizing and leaving a home that they owned to go into a rental place and they can’t find a place to go that will accept their size and breed of dog,” she said. “And it’s size or breed. It isn’t necessarily just one or the other.”

Barker explained his organization’s positive approach: “Two-thirds of households in the U.S. own a pet. If you’re a business person, which is the way that all the owners and operators, even smaller landlords, are, they increasingly cannot afford to close off the entire pet market. … Our initiative is really trying to take a different tack on all of this, which is looking for partnership. With the housing providers, here’s all the financial benefits to you of allowing pets. Here’s what it does for community. Here’s what does for retention, Here’s what it does for potentially reducing crime in the community, right? So we’re touting those benefits so that while this other legislation is happening, there’s a middle ground to meet on.”

Barker added, “We’re not advocating for every dog to be allowed into a place. We’re not saying there’s no restrictions. Evaluate and assess the individual dog and its owner, just like we would ask people to do with people.”

Another approach Barker has seen is building management companies branding their buildings as pet friendly with appropriate amenities. In his experience, those have helped turn a negative into a positive and can really work in a building’s favor. They are still collecting data on buildings who do this.

Link breed and weight, separate vaccinations

Pasenko and Kubala said that the vaccine requirement in the ordinance is a separate issue, and each needs its own piece of legislation in order to meet state requirements.

The Animal Welfare Board supports prohibiting rental agreements that deny a tenant based on the size and breed of a tenant’s dog and separating out mandatory rabies vaccinations into a different ordinance.

Janella Hardin, council liaison to Animal Welfare Board, said she needs to work with Legal and Health & Human Services to come up with acceptable language for this and will report back to the committee. Barker offered to send her examples of some language.

Barker and Sara Maria Muriello — senior program manager of Pet-Inclusive Housing Initiative, Michelson Found Animals Foundation — said they would help Evanston measure the impact of this new legislation once it’s passed.

Vets who declaw cats

The board discussed assigning penalties to any veterinarians who declaw cats. Currently only two local veterinarian hospitals reportedly offer declawing: one as a last resort and one for back paws only.

The committee wants the fines to be high enough to act as a disincentive in case veterinarians choose to ignore the fine (based on the assumption the pet owner pays the fine).

Kristina A. Bachmann, chair of the board, asked, “We could definitely set a penalty, but my question would be is who is going to enforce it? If you do get a complaint, who is the person that is going to investigate that complaint?”

Anne Panek, vice chair of the board, wants a licensing component attached to any fine.

“I think it’s kind of arbitrary,” she said. “Is it $5,000? I just know it needs to be enough so that folks don’t see it as a tax that they can just kind of pay for the right to do it. I do feel like it would have more teeth if it had some type of licensing component to it.”

Hardin will meet with legal and policy advisors to try and get some answers to the board’s questions.

The use of horse-drawn carriages

The Animal Welfare Board recommended the adoption of an ordinance to restrict horse-drawn carriages in Evanston.

The segment of the code now reads:

“A. It shall be unlawful for any person to operate or ride a horse or horse-drawn
carriage on City streets without a permit. It shall be unlawful for any person to
operate or ride a horse or horse-drawn carriage in violation of proper traffic
control procedures.
B. All applicants for a horse-drawn carriage permit shall be required to appear
before the Special Events Committee for approval of a one-day permit, in
addition to route planning and coordination with City police and parking services.
C. There shall be a non-refundable application fee of fifty dollars ($50) in order to
secure a horse-drawn carriage permit.
D. Any person who violates Subsection (A) of this section shall be subject to a fine
of three hundred seventy-five dollars ($375)

Further, a subsection now prohibits individuals to:

j. Ride any horse or horse-drawn carriage on any driveway, roadway, path or trail,
park property; or
k. Bring onto park property or any city roadway, a tame, nondomestic supervised and
controlled animal for limited noncommercial or promotional purposes.

These changes passed in the Health & Human Services meeting on Oct. 7 and will go before the City Council as part of the Oct. 28 meeting.

Feral cats

The board discussed the holding period for found cats. Cats with tags or a microchip stay in the shelter for seven days while staffers search for its owners. If a cat is wild, they work with partnership groups like PAWs or Treehouse. Those groups spay or neuter, vaccinate, and tag the cat. They release the cat back into the wild, usually within 24 hours of surgery. This is the Trap, Neuter, Release program.

Pasenko said it would be inhumane to hold a feral cat for seven days. If that was the rule, she said, “I would think we would just stop doing TNR.”

Bachmann said, “The trapping and the TNR program is in Evanston. Without it the population of cats would absolutely explode and we would have people constantly bringing kittens to the [Evanston Animal Shelter] door. … Now that we have the new shelter building, we’re actually looking into becoming an official sponsor organization under the managed feral cat ordinance of Cook County.”

Hardin will work with Kubala and legal to come up with language that differentiates between found friendly cats and found feral cats.

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