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Emotional Support Animals

3,889 Views | 10 Replies | Last: 3 yr ago by bmks270
Red Pear Realty
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9:15a, 7/18/22
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I'm posting this to help some other landlords, as I'm seeing lots of younger tenants try and play the system by paying a $20 fee to some website to print off a letter from a therapist that says they need an emotional support animal, then argue they don't have to pay a deposit or pet rent for their pet.

https://gov.texas.gov/organization/disabilities/assistance_animals

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A comfort or emotional support animal is NOT trained. Comfort animals do not have rights under the ADA. For example, businesses do not have the legal obligation to admit a comfort animal if there is a "no pets" policy, as under the ADA these animals are in essence "pets."
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jopatura
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11:08a, 7/18/22
AG
This applies for businesses fyi.

At the same link if you click on FHA/Housing, it says: "Under the FHA, housing entities must admit any type of "assistance animal," a term which includes service animals as well as comfort animals or emotional support animals. In other words, training is not a requirement for an assistance animal."
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histag10
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In reply to jopatura • 12:34p, 7/18/22
AG
Correct, but I believe landlords can ask for 2 things- proof of diagnosis of a mental health disorder by a medical professional, and then an ESA letter written by that same mental health professional outlining why you need an ESA. Many people just print off the letter and many landlords are scared to question it, but I believe they can question it to verify it's legitimacy

And I think most SF homes are exempt from this all together if the owner/landlord has fewer than like 4 or 5 that they rent out.
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schwack schwack
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8:02a, 7/19/22
AG
It's confusing.

Have we "solved" the issue by allowing "approved" pets in a few of our properties - ones with safe, suitable fenced yards, not top of the line flooring, etc? If those are full, then we we can't accommodate an ESA, but understand that Service Animals would still have to be allowed?

Our insurance also plays a huge roll in what type of dog we would allow - this weeds out a lot of "ESA" people.


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Martin Q. Blank
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In reply to schwack schwack • 8:49a, 7/19/22

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I don't understand why I can't have my emotional support wolf.
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BTHOtrolls
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9:49p, 7/19/22
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What if the landlord has a "severe pet allergy" note from a doctor and a service animal would be putting the landlord's health at risk, if a pet is present in the property during inspections?
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bmks270
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11:26p, 7/19/22
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My understanding is that ESA animals with licensed health care provider note are exempt from pet deposits and no pet polices, and also breed restrictions. The animal is only not allowed if its not something that can be reasonably accommodated or is likely to cause property damage, like a horse or 15 cats in an apartment.

If it's a single dog, cat, or other common pet, you have to allow it.

I read up on this a lot recently.

Read up on federal HUD guidance and what the fair housing act has to say. If you don't follow their guidance the tenant has a good claim against you, can file a complaint with HUD or a lawsuit. ESA are not protected under ADA, but they are under FHA and HUD guidelines for landlords.
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bmks270
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11:36p, 7/19/22
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Quote:
Assessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act2

The Fair Housing Act (FHA) makes it unlawful for a housing provider to refuse to make a reasonable accommodation that a person with a disability may need in order to have equal opportunity to enjoy and use a dwelling. One common request housing providers receive is for a reasonable accommodation to providers' pet or no animal policies so that individuals with disabilities are permitted to use assistance animals in housing, including public and common use areas.

Assistance animals are not pets. They are animals that do work, perform tasks, assist, and/or provide therapeutic emotional support for individuals with disabilities.6 There are two types of assistance animals: (1) service animals, and (2) other animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities (referred to in this guidance as a "support animal").


Read it and weep landlords.

https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf
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histag10
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In reply to bmks270 • 7:21a, 7/20/22
AG
Insurance going up because of breed is no longer considered reasonable. That has been fought out before. Your emotional support pitbull likely won't be admitted anywhere. And again, if you are renting a house from the owner, they don't have to accommodate you.

But your attitude towards this makes me think you are the worst kind of tenant that will always claim discrimination, and then when you lose your lawsuits, there is no way for the landlord to recoup their costs from you.
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Red Pear Realty
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7:56a, 7/20/22
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1. There are people with actual need of service animals, and when tenants run around printing $20 letters on the internet to prove their "disability", that is just shameful. Why not go the rest of the way and get a wheelchair and tell people you are paralyzed? Or get a walking stick and tell everyone you are blind?

2. I raised rent on my houses between $0 and 50% of what I could have this year. Seems like I might need to go up to market on everything.

3. I also need to begin evaluating security deposits on the individual creditworthiness of each tenant versus offering one month to everyone.

4. It would be a shame if landlords started reporting these therapists who sell ESA letters over the internet with no contact with the buyer. Seems like their licensing board would be interested in this kind of entrepreneurship and denigration of the profession.

5. Dangerous breeds do not have to be accepted ever.

6. I always allowed pets.

7. Jokes on me I guess.
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bmks270
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In reply to histag10 • 9:11a, 7/20/22
AG
I'm a great tenant.
I don't have an ESA.
I had to research this because I am a landlord and my tenant has an ESA (Labrador).
I had to allow it because of cited FHA rules.
I hate pit bulls.

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