Emotional Support Pets After Move-In

[Mike Mazzucco]

Hi Guys,

Brand new landlord here and was hoping the BP family could help.

I had some tenants move in and signed a lease indicating no pets and making no meantion of any emotional support animal.

One month after move in, I drove to the property and they had a dog.  When I confronted her about it, she says “I’m waiting on a letter from my doctor for one of those emotional thingys”.

My questions:  Do emotional support pets have to be disclosed before hand?  Do I have any grounds to charge her fees to make up for the month that she didn’t have the note for? 

Really i would love to hear how an experienced landlord or prop manager would handle this situation.

[Michele Fischer]

I would give them a notice to comply, to remove the dog or provide the needed documentation.  In our area we can have it be 3 working days, but I'd give them a week to get their act together. Regardless of whether it qualifies, they are likely in violation, depending on your lease language.  Be very agreeable, don't seem like you are going to discriminate.  Keep in mind that there have not been many legal cases for emotional support animals.  You're goal is to be firm that any old pet can not be emotional to avoid fees, but you don't want be the next court case.   "We fully support emotional animals, we only need this form completed, please."

A form a lawyer provided:

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