Unauthorized pets ...i.e. assistance/therapy dogs

[Elise Hazzard]

Hi All, 

We have been self managing for over 20 years in SFH's, mostly in FL and have been confronted with a number of tenant applicants who have assistance or therapy animals recently. While I am familiar with the ADA response to this topic -essentially all favorable to a tenant, but it appears there is an abuse of the definition as they are all employed, functional individuals who leave the assistive pet at home all day. They are NEVER true service animals.

Our property description always indicates no pets yet nearly all applicants have a pet and then state they are ESA or 'assistance'.  I am seeking feedback and suggestions from other owners and/or managers with suggestions for how to handle this type of situation. 

[Matt Shields]

Emotional support animals are a scam and tenants have figured out that they can get around pet policies by claiming any pet is a support animal. Be careful, the ADA only recognizes dogs for service animals, but residential rentals fall under Fair Housing that accepts any animal(s) as ESA's, and violations of the Fair Housing Act are very expensive. 

The tenant must provide a letter/certificate from a doctor and you then must accept the animal as an ESA. There are websites selling ESA "certificates" and vests that are not prescribed by a doctor and legally not acceptable, BUT there are now websites with doctors selling ESA "certificates" and they are probably legally legitimate. 

As always, don't trust the internet, seek professional advice. 

https://www.hud.gov/sites/documents/SERVANIMALS_NTCFHEO2013-01.PDF