Emotional Support Animals - Legal Tip for Agents

[Christopher Phillips]

RISK MANAGEMENT - LEGAL TIP - FROM THE LIMLS

SERVICE ANIMALS AND EMOTIONAL SUPPORT ANIMALS

Even landlords with a no pet policy are required under the law to make reasonable accommodations to allow persons with a physical or mental disability to keep a service or emotional support animal and cannot charge a fee or additional rent to such persons.

Licensees should address this topic with the landlord or seller and be prepared to respond to inquiries about accepting a tenant with a service or emotional support animal. Outright denials to accept tenants with these types of animals can result in charges for violating the law.

Service animals are dogs trained to work or perform tasks for the person with a disability. Emotional support animals can be any animal and need not be trained to do any specific task but assists a person with a physical or mental impairment.

If the disability is apparent, you cannot ask for specific details or additional documentation from the prospective tenant. If the disability is emotional support, you can ask for a letter from a physician, social worker or psychologist. However, you cannot request to see the medical records of the individual or ask the individual to define the emotional support issue.

These rules also apply when conducting an open house!

[Nathan Gesner]

This issue is far more complex - and common - than most people realize. The majority of self-proclaimed experts on this board typically don't know what they're talking about. 

Because of the complexity, I recommend every Landlord use PetScreening.com which is free for Landlords and provides some really great services. They are experts in the law and can take the workload for you. I especially like that their system requires a yearly renewal so pet records and pictures are kept up-to-date, Tenant can't swap their Chihuahua for a Rottweiler, and Tenant can't (legally) add animals without the owner knowing.