Emotional support animal (ESA) protection and disclosure information

[Kevin Morrison]

Hey gang,

I have a tenant in one of my units that has an ESA (emotional support animal). She didnt disclose to us before moving in (don't think she is required to) and we didn't mind. She is moving out and next management company sent me a questionnaire and one asked "Did they have any animals on your property? Yes or no" and I marked yes and added dog. 
She is all upset and saying what I did was illegal and so on. I felt bad as I did forget that it was an ESA but she apparently still got approved. I don't know if I actually did anything wrong. I know we can't discriminate against and they don't have to disclose but am I suppose to say no when asked that question? I called a lawyer but they didn't even know as it was too specific of a situation.

Want to avoid putting myself in a bad spot and make sure I handle ESAs well in the future. Thanks!

[Nathan Gesner]

Quote from @Kevin Morrison:

1. She is required to disclose it. In fact, the law says she is supposed to request a "reasonable accommodation" and get your permission before moving the animal in. You may not care, but I want to be clear that she is the one in the wrong, not you. The fact that she failed to disclose the animal indicates that it's probably not a legit ESA.

2. You did nothing wrong with disclosing the animal. It is an animal, even if it is not a pet, and it is part of the rental. The new Landlord wants to know if she had an animal and if it caused any damage or other problems. There is nothing in the law preventing you from answering that question. The fact that she's upset indicates that she hopes to move the animal into another rental without disclosing it.

3. I recommend you educate yourself on how to screen an ESA before someone takes advantage of your ignorance. This link is the latest guidance and includes a process you can follow to screen and approve service or support animals: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalN...

4. Finally, just because you can't discriminate doesn't mean they get a free pass. Their animal is still an animal and subject to typical animal rules. They can't let the animal annoy the neighbors by barking all day, urinate on the walls, or chew up the window sills. If an animal is violating the rules, you can still remove them and/or the tenant. I highly recommend you create an "Animal Addendum" which is a set of rules for any animal, whether it's a pet or service animal.