Service and ESA dogs for SFH rental exempt from FHA?

Question

Hi,

Recently put my first rental on the market (SFH) in Texas. I recently got prospective tenants mentioning that they had two service dogs including a german shepherd. I think they actually meant ESA instead of service animal.

Anyway, I spoke with my insurance broker who gave me the list of prohibited dogs (and I know, you can't discriminate for breed for service or ESA dogs) but he pretty much told me that I would not be able to get coverage for those breeds which should qualify as an undue burden ??? as I would lost coverage and according to him, the only coverage that would allow those dogs would exclude any liability associated with the animal putting me and my family in danger.

Other reason is that according to the fair housing act, Applies to virtually all forms of housing, whether for sale or rent. The exceptions include "private owners who do not own more than three single-family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements." Apparently I do not even have to comply with FHA which kind of baffles me, Am I correct on this? Which would mean that I could flat out refuse service dogs and ESA?

That is all concerning federal laws, what about Texas laws? I looked through the Texas Property code for rental properties and did not find any mention of either service dogs or ESA.

Thanks for your help !

Thomas S. · Answer

Easiest route to take is simply inform all applicants that you are still accepting applications. You choose the most qualified and inform all others, including the one with the ESA, that you are sorry but the vacancy has been filled.

Eileen Murray · Answer

ESA fakers often have multiple animals but folks who have real Service animals generally only have one. ESA fakers buy Doctor notes from the internet.  I like the ESA form @Michele Fischer posted. Fakers won’t want to produce proof- especially for two.

Russell Brazil · Answer

If they are service animals the applicable law is the Americans with Disabilities Act, not the Fair Housing Act. And you would not be exempt. HUD has issued guidelines that you may not use breed restrictions for service animals.

Michele Fischer · Answer

There isn't enough case law in this situation to really know what you can and can't do.  Do you want to lead the pack with court cases?  In my mind the only situation where you can deny just based on the animal is if you as owner live in one of the multi units.  It is much easier to smile, say you love working with assistance animals, and hand them the form below.  Then the ball is in their court.  It's unfortunate that many applicants are hiding behind ESA to avoid pet fees.  It's also so odd how different insurance policies handle or ignore dangerous breeds; there is no consistency.

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

Tristan S. · Answer

Thanks everyone for so many great advice! I will make sure to use the form to see if applicants can verify the purpose of each ESA.

Michele Fischer · Answer

@Tristan S. if there are two animals give them two forms.  See how they can justify two animals if they aren't serving different purposes.

Jim Cummings · Answer

@Michele Fischer. Thanks for sharing your form. It's going in my Inventory of Rental Forms.

Tristan S. · Answer

@Michele Fischer, thanks for sharing the form, greatly appreciate! If the prospective tenant say that they have two assistance animals, do they need to have two different purposes ?

Appreciate your input @Thomas S.

Service and ESA dogs for SFH rental exempt from FHA?

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