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Updated almost 11 years ago on . Most recent reply
Emotional Support Animal?
Although this may vary from state to state, I saw this on twitter and was wondering if there is any truth to this. I hope I attached the screenshot/ picture properly, if not here is the quote:
" You can register your dog as an Emotional Support Animal for $65 and it will be illegal for any landlord to refuse rent to you"
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![Marcia Maynard's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/168980/1621421013-avatar-marcia.jpg?twic=v1/output=image/cover=128x128&v=2)
Isn't the internet sweet.... You can buy fake driver's licenses and fake social security cards and fake documentation for service animals and companion animals. That is why we need to be extra cautious and verify all claims made by prospective tenants. There is erroneous information out there that leads people to believe they can easily slip their pet in under another guise. And there are plenty of unsuspecting landlords that will fall for it.
Well, I worked in hospital management for 14 years as the Accessibility Services Manager. My specialty? Accommodations for people with disabilities and also language and cultural support services. Don't get me going on this one. I am a formidable force to deal with when prospective tenants illegitimately try to use the ADA and other non-discrimination laws to their advantage. I used to routinely read the Federal Register. I understand the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 very well.
If someone mentions they have a service animal, I tell them "We welcome legitimate service animals for people with qualified disabilities." I don't say anything more at that point. I play Columbo very well and will ferret out the fakers in no time.
The process we follow for making accommodations begins when the tenant requests a particular accommodation for their disability. There is a form for them to fill out. This requires them to put their request in writing and to declare that they have a qualified disability as recognized by the ADA. There are things you can not ask, such as you can not ask the nature of the person's disability. But you can ask what service the animal provides. You can and should ask for appropriate documentation, such as a letter from a qualified professional that supports the claim that the person has a qualified disability and that this specific animal is necessary as an accommodation. State laws come into play as well and some jurisdictions require the service animal to be trained.
I'm all for making an accommodation for a person with a qualified disability and gladly do. But I will see through the smoke screen that the fakers try to use. And like @Steve Babiak said "IMO tenant prospects attempting this sort of thing would probably have some other baggage associated with their background that would disqualify them, so look for that in their application." Right on.