Emotional Support Animal

[Vy Mai]

Hi everyone,

We have a potential tenant interested with our property. Tenant informed us of receiving disability and did not inform us of having a pet dog. Tenant told us after meeting and looking at the house that they have an "Emotional Support Animal" being the dog. What documents are required and is there any way out of this? If not, what are the requirements for the ESA? We are just afraid that they were not honest with us in the beginning.

Thanks!

[Account Closed]

Originally posted by @Vy Mai:

Hi everyone,

We have a potential tenant interested with our property. Tenant informed us of receiving disability and did not inform us of having a pet dog. Tenant told us after meeting and looking at the house that they have an "Emotional Support Animal" being the dog. What documents are required and is there any way out of this? If not, what are the requirements for the ESA? We are just afraid that they were not honest with us in the beginning.

Thanks!

 First, you can deny an applicant for lying on their application.  If they put down that they had no pets, and are now telling you that woops, yes they do, you can deny them for lying. You still don't get to lie even if you are disabled.  So, there is your easy out, if that happened.  Sorry, you are denied for lying about having a pet.  Nope, this has nothing to do with your disability or request for a reasonable accommodation.  Our criteria says that if an applicant lies on their application, that they are denied.  End of story.

But, as far as dealing with this in the future, if an applicant wants a reasonable accommodation for a disabilty, they must meet the definition of "disabled" to get a reasonable accommodation.  Then, they must prove that the reasonable accommodation they are requesting is related to their disability, and is needed for them to be able to use and enjoy the rental unit on your property.

I had a plan in place in case this happened to me, but never did.  This is what I planned to do:

Say, "Great!  Here's the form I need your primary care physician to fill out for me, and fax back to me from their office fax. "

Then, I would create a form that include the definition of "disabled" regarding reasonable accommodations for your state.  Then, ask the physician to verify that they have been treating the tenant, that the tenant meets or exceeds the definition of disabled for a reasonable accommodation, and that there is a need for an emotional support animal that is directly related to their disability.

I'd also put on the form the fax number they can fax the form back to - from their office fax.  You can even get the local Staples or Office Max to accept faxes for you, if you don't have a fax.

You smile and hand this form over to the applicant.

Then, you also required the applicant to meet you with the animal, so you can take a picture of it and find out in person if it's aggressive.  If the dog appears to be a breed that your insurance company will not cover, you can require the applicant to have the dog DNA tested, in order to verify that it will not be a financial hardship for you to allow them to move in with a dog that could cause you to lose your insurance.

You don't have to allow a reasonable accommodation request that will cause you financial hardship.  This is what the "reasonable" part is all about.

And, I can tell you from first-hand experience from someone who has filed a complaint with HUD regarding discrimination (not about a pet), that the process takes at least a year from complaint to decision by HUD or your state's office that handles these claims. And, in CA anyway, the end of the year process, is a mandatory mediation meeting.

So, let's say you in good faith say no to the request for a reasonable accommodation, based on an argument you believe is correct.  Then, the applicant files a complaint, which takes a year to get to mediation, and the mediator says yes, you were in violation.  Then, you just say, woops, my bad, if they still want to move in, they can, as soon as there's a vacancy.

In other words, turning down an applicant who wants a reasonable accommodation, which you don't think is reasonable, and who can't do what THEY are required to do by law (prove they meet the definition of disabled, and that their request is based on their disability and verified by a real medical professional who has been regularly treating them - as opposed to some form they print out on the internet) - would not likely result in any kind of fine you would have to pay.

And in the meantime, you didn't rent to them for the last year.

The fair housing people (HUD or your state department) who enforce discrimination laws, are not stupid people. They know there are a lot of applicants who scam the system. In CA, the state department first does an intake with someone who has filed a complaint to be sure their complaint is legit. They don't just assume it is. And they're tough cookies. They're intimidating. I felt like I was guilty and was on the witness stand when I went through a phone intake.

So, it's not something to be intimidated by as a landlord, when an applicant pulls out the disability/reasonable accommodation card.  They will not win by default just because they make these claims/demands.

Landlords need to know the laws that govern their business.  Not only to cover your butt, but so that bully applicants can't get one over on you.  If I had an applicant today who pulled what yours did on you, I'd not be afraid.  I'd be making them jump through hoops.  Totally legal.  Handle it in a professional way.  It's just another screening process - is how it should be looked at.  Something you need to verify.

I do have an emotional support animal for my disability, but I also rent where dogs are allowed anyway, and I have a dog under 25 pounds, so any place that accepts pets, will accept my dog.  I want to fly under the radar as far as my neighbors go.  No need to advertise that I'm disabled.  My point being that legit claims for a companion animal don't normally cause drama.  The only benefit I get where I live, is that the landlord can't charge me a pet deposit, because my dog is equal to a medical device, like a wheelchair - she's not legally a "pet."  But, I'm still responsible for any damage by her and can get kicked out if she misbehaves, etc.

Last thing I wanted to mention, is that legit emotional support dogs don't wear vests.  They don't get certificates.  That's all a scam, with all of this stuff sold online.  It's baloney.  An actual service dog might wear a vest, such as one for a blind person.  Not required, but helpful in public.  

But, companion animals are not allowed in public places, where other pets wouldn't be allowed.  A true "service" animal is trained to do a task for a disabled person, like open a door or pick up things off the floor.  

A companion dog is just that - an animal that only serves as a companion for someone who needs that companionship in order to function well, in spite of their disability.