ESA exemption in Oregon state?

Question

I have a potential tenant who has an emotional supporting animal, and a letter from her psychologist saying the ESA is for a mental disability. I have a no pets policy for my rental, a one bedroom apartment that is an ADU on the bottom floor of a larger house that is a separate rental above, because there is less insulation between the walls, and the noise carries and barking could disrupt the other tenants. I’m trying to determine whether I am exempt from the FHA policy regarding ESAs because it’s a single-family house with a potential for greater noise disruption, or because of the fact that I own only two single-family rentals in the state of Oregon. I’ve read that both may be possible, but I’m having a hard time finding sources that confirm exactly. Does anyone know? Thanks so much, and I understand this is not professional legal advice.

Melissa Hartvigsen · Answer

Hello @Rachel H.,

In Oregon the rules are not in your favor. This is no exemption based on the number of rental units you own. You can only deny a request for an emotional support animal for a few reasons:

1. It poses a serious risk to your property or other tenants. For example, if you check a rental reference and the previous landlord says the ESA (dog) bit another tenant, then you can deny the request.

2. It would cause an undue burden (financial). If accommodating the request required an expensive alteration, you could deny the request.

3. It would cause an undue burden (affecting operations). Example, if you had shared furnace ducting in your rental and your existing tenant in the main house has severe pet allergies, and allowing a ESA for a new tenant would cause issues for the current tenant, you could deny the request.

You can always call the Fair Housing Council of Oregon Hotline, 503-223-8197 Ext. 2 and ask for their guidance. (They are ultimately the ones who enforce these rules along with BOLI).

If you accept the tenant, and the emotional support animal causes noise disturbances then you would address this with a lease violation. Think of it like a loud party.Good luck,

Melissa

Dan H. · Answer

You do not need to be disabled to have a legit ESA.  There are a lot of bogus ESAs.  Use pet screening.com to determine if ESA is not legit.  My own belief is they approve virtually all ESAs, but the tenants do not know this and are less likely to apply with a bogus ESA and risk the application fees.

Also determine if your jurisdiction has an anti bogus ESA laws.  Reference them and leverage them.

In California there is AB468 which has requirements on the medical provider and has a punishment for medical providers that provide bogus ESA authorization.  I require the medical provider to indicate they are aware of AB468.  This should discourage medical providers providing bogus ESA authorization.

Good luck

Michele Fischer · Answer

This might be a stall tactic, and it sounds like the applicant is already willingly identifying themselves as disabled, but you could ask them to fill out this form.  We have found that most applicants are not willing to return the form, therefore disqualifying themselves.  ESA is an interesting topic because there is not much case law on the topic and nobody wants to be the first to go to court.

FORM TO REQUEST AN ASSISTANCE ANIMAL

We are committed to granting reasonable accommodations when necessary to afford persons with disabilities the equal opportunity to use and enjoy our rental properties.

Under the Fair Housing Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities.  Reasonable accommodation may include waiving or varying pet polices and fees to allow an Assistance Animal.  An Assistance Animal is an animal that does work or performs tasks for the benefit of a person with a disability, or provides emotional support or other assistance that alleviates one or more symptom or effects of a person’s disability.

Please complete this form completely and return it to us.  All information will be kept confidential, except as otherwise required by law.

Today’s Date: _______________________

Name of person with disability requesting accommodation: _____________________________

What is the species of animal? __________________________

Provide the name and physical description (size, color, weight, license) of the animal:

_______________________________________________________________________________

Does the animal perform work or do tasks because of the disability? _____________

If Yes, please provide a statement from a health or social service professional indicating that you have a disability and explaining how the animal is able to do work or perform tasks that alleviate one or more symptoms or effects of your disability.

If No, please provide a statement from a health or social service professional indicating that you have a disability and how the animal alleviates the symptoms or effects.

Please attach statement with any additional information and contract information for the professional completing the statement.

_______________________________________               _______________________

Signature of Person Making Request                                    Date

_______________________________________               _______________________

Signature of Person with Disability                                       Date

ESA exemption in Oregon state?

Most Popular Reply