Are these acceptable requests for a Assistance Animals?

Question

I'm processing an application for a SFR in Idaho. The application lists two assistance animals for two of the individuals on the application.

FIRST ASSISTANCE ANIMAL: Attached to the application is the following letter, dated 5/12/2016:

To whom it may concern,

ApplicantName sees me in therapy related to high levels of anxiety. She has two dogs, Dog1Name and Dog2Name, that are very close to her and vice versa. Being around these dogs assists her in the mitigation of stress/anxiety. Please recognize them as “companion animals“ integral to her emotional health. You may contact me if you have any questions.

Respectfully submitted,

SocialWorkerName

Licensed clinical social worker.

If I call the social worker to verify that this is true and correct, and still applicable today, does this qualify as  a "reasonable request" to accommodate a person with a disability? (The HUD document regarding Service Animals and Assistance Animals (https://www.hud.gov/sites/documents/SERVANIMALS_NT...) explicitly lists a "social worker" as a "mental health professional" who could provide the necessary documentation.) My main concern is whether or not "high levels of anxiety" qualifies as a disability. It seems like a bit of a gray area.

SECOND ASSISTANCE ANIMAL: For this individual, the disability has already been established. Attached to this individual's application is the following letter, dated 3/29/2016:

To whom it may concern:

It is my medical opinion that ApplicantName would benefit from a companion animal. Please allow him to have a companion animal at his place of residence.

Sincerely,

DoctorName, MD

My concern here is that it does not specify the name of the assistance animal.

Any advice would be appreciated!

Thomas S. · Answer

I personally would not look any farther into the "assistance" animal verification. Keep taking applications and find a better more qualified applicant. You then simply reject this applicant without having to deal with the issue.

Emotional support animals are all a scam, they are pets nothing more, they do not warrant any special considerations.

Thomas S. · Answer

"the ramifications for landlords disregarding the law for disallowing them here in the US is real"

Same laws apply up here.

I am not suggesting the landlord disregard the law what I am saying is that legally it is entirely within the landlords legal rights to continue accepting applications to find the most qualified. Once he has reviewed all applications he can then proceed to screen the most qualified. All others will be informed that the unit is no longer available. That will include the emotionally disturbed applicant.

When a landlord does not question a applicant regarding any special considerations they will not be challenged and if they are they can prove they accepted a more qualified applicant. They are fully within their rights and the law.

Greg M. · Answer

I think you're living in Wishful Thinking Land™.  What you are suggesting is a simplistic and uncreative way to discriminate against certain people. What you're suggesting has been done since anti-discrimination laws have been around. Replace ESA with black / family with children / unmarried cohabitants / homosexual / etc and this tactic has been used before. At some point a prospective tenant is going to complain and an investigation is going to be started. Your life as you know it may be drastically altered.

I agree that ESAs are a scam 99% of the time, but it's not the hill I want to die on.

Matthew Paul · Answer

Also you could ask for the health care professional to submit a copy of their license . Then see if that license has reciprocity with your state .  I may be wrong , but I dont believe you have to accept a out of state license for a health care professional .

Paul D. · Answer

Thanks to all for the input. I asked for the prospective renter to send me copies of more current letters, and also advised that each letter should specify that the individual has a disability and has a disability-related need for a service/assistance animal, as per a template I found on the HUD website.

Agree with another poster that it is absolutely NOT legal to charge more for qualifying service/assistance animals.

Jason Bohling · Answer

This is from a non-landlord point of view, but an answer to your question nonetheless.  You’ve got some great answers from a legal/landlord point of view, but as to your question about whether “high levels of anxiety” qualifies as a disability from an anecdotal standpoint, yes, it absolutely does.  I’m a veteran and I can tell you anxiety and/or panic attacks can be debilitating to the point of being a near medical crisis.  If you’ve received documentation as to the animals I would take it seriously.  I’m also of the mind that ‘emotional support’ animals is a concept used and abused to no end, but I’ve known many veterans who have service animals and/or companion animals for legitimate reasons related to anxiety.

Domenick T. · Answer

@Don Spafford

You can’t charge more for ESAs or Service Animals. You can deduct from SD any damages but you cannot charge a fee to allow them.

Greg H. · Answer

While I agree with you in most cases they are a scam an a prospective tenant can purchase documentation for $49 via the internet.  the ramifications for landlords disregarding the law for disallowing them here in the US is real

Don Spafford · Answer

@Paul D. I would definitely check if it is still valid. Service animals don't count as pets, but that does not mean you cannot charge more for them. I had a tenants with a service animal and she paid an additional monthly pet fee to allow it. The way I interpret it, you can't turn someone down because they have it, but you can charge more for it. That way, if they don't want to pay more they will go someplace else.

Cassi Justiz · Answer

You may try posting on the local forums for whichever town this house is in to get info from people that familiar with the Idaho regulations. I only say check on local regulations because they recently changed the Oklahoma regulations to clarify some of the grey areas between companion animals and certified service animals. Maybe there is something similar in Idaho.

Are these acceptable requests for a Assistance Animals?

Most Popular Reply