Every propective tenant has an emotional support animal (s)...

[Scott Lewis]

I have a unit that just opened up and all 3 inquiries claim to have an emotional support animal. I’ve been landlording for about 7 years with a few units and now it’ seems standard for people to claim a pet as ESA’s in order to get into units with no fee’s. One prospect even quoted the Fair Housing Act and basically said I have to take her dog. When I ask for paperwork and remind them that I will verify, they go away... but it’s a pain and a waste of time. I‘m in Arkansas. Does anyone know if there are criminal penalties for misrepesenting an animal to fall under the FHA?

[Thomas S.]

The FHA is the boogie man that tenants use to intimidate landlords. It is actually designed to encourage fraud but there are no penalties for lying. Set these applications to the side till you find the applicant you want. Their qualifications should trump all other applications and you simply ignore the fact that there is emotional support or service animal. Regardless of whether their claim is legitimate or not you are never forced to accept a less qualified applicant simply because they are playing the FHA card. This should not add any additional time to your screening or waste any time. Regrettably landlords will be forced to reject all applicants with animals to avoid being charged regardless of whether they are legitimate or not. Bottom line is that those with Service or ESAs will need to understand they must limit their search to properties that allow animals and be prepared to pay the fees regardless of the FHA rules. It was a major mistake for the FHA to show favoritism in preventing landlords from charging fees. This will ultimately only hurt those that have lagitimate needs.

Once landlords get over their fears they can better manage their business legally without worrying about the boogie man.