Service Animals & Emotional support- Is animal restriction dead?

Real Estate Broker · Watertown, NY · Member since 2016 · 1k+ posts · 1k+ votes

Hey guys,

Is anyone noticing a huge uptick in the amount of people applying for apartments who have service and emotional support animals? In just the last 3 months, I swear 7/10 people have had one of the two. I even had one applicant tell me they had 4 service dogs! Literally a small gang of dogs surrounding them at all times.

I have no issues with people who have these, but it feels like it's getting to the point where EVERYONE has one. We even have to disregard our insurance companies strict breed restrictions and risk being canceled if there's ever a claim.

What's everyone doing to offset the risks that are being forced upon us with this new phenomenon? Obviously animal proofing during the rehab is one, but what else?

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

@Jennifer J. you can't charge a deposit, no pet rent, nothing.

I've studied this issue for almost ten years and it's definitely getting worse and the government is doing nothing to help. Some states have instituted penalties for anyone falsely claiming an emotional support animal or service animal but they provide no guidance on how to file a complaint.

The easiest solution is to hand this over to www.PetScreening.com and let them deal with it. Their service is 100% free to the Landlord so why not let them do the work? They are experts in the law and will at least weed out most of the fraudsters, which takes care of about 60% of them. The remainder may make it past the screening but at least you'll have their animal information on file and can ensure it's kept current.

Virtually anyone can "prescribe" an emotional support animal. Psychologist, family doctor, family counselor, marriage counselor, and even a pastor. It needn't be a licensed medical practitioner and they're not required to have any medical training that qualifies them to identify the emotional "disability" that the individual suffers from. You feel sad? Get a dog! Things going poorly at work? Get a dog! You heard someone died in the war zone 27 miles from your location? Get a dog!

The most interesting part is that these people suffering from disabling emotional problems are usually not seeking any form of treatment. They see a doctor or counselor once, get a dog prescription, and then never go back. Why? Because they don't actually have a disability and they're not actually trying to heal anything. They just want their pet.

Even though the animal is essentially considered a medical device in the eyes of the law, they still have to meet basic responsibilities like keeping it leashed, not allowing it to damage the property, cleaning up after it, keeping it quiet, not letting it threaten others, etc. I recently kicked someone out because their ESA lunged and snapped at two different people on two different occasions. If the animal does not abide by the rules, you can absolutely require them to remove it.

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Anthony Rosa
Rental Property Investor · New York City · Member since 2019 · 703 posts · 538 votes
7y
Originally posted by @Johann Jells:

Originally posted by @Greg M.:

People (LANDLORDS) need to stop lumping Service Animals and Emotional Support Animals together when talking about them.
I just read this thread and only @Anthony Rosa was in the least unclear as to what they were talking about. I will go out on a limb and say a dog such as he mentioned that craps all over the house is not a highly trained "Service Animal" and he was mistaken about it's official status.
Yes, there is a difference between an Emotional Support Dog and a Service Dog. Either way, the tenant of an Emotional Support Animal will claim the dog provides a Service to them and get a letter from a physician to say so. Yes, one dog is highly trained and the other is not at the same skill level. The flow of the thread was about bogus claims of tenants doing everything possible just to have a dog and legally get away with it.
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David Stumpf
Rental Property Investor · Baltimore, MD · Member since 2017 · 142 posts · 125 votes
7y
I would be careful to even say that you will find reasons to deny an applicant for having an ESA. With my luck someone I denied would find that and I would be in the middle of a fair housing complaint with "proof" that I deny all applicants who require assistance.
@Greg M. So from what I read the online applications does not fulfill the requirements for an ESA? Only a doctor, psychiatrist, counselor, ect. can "prescribe" it. Since these professions have degrees, licenses and taken oaths, why are they not being held responsible for false claims of someone "needing a support animal". I think this might be a more productive route to create a solution to this problem. If found that a doctor is giving out ESA vouchers to someone with no history of depression or handicap beforehand (no treatment has been seeked) they are at risk for their malpractice insure of going a little higher.
If an ESA gets approved after that institute a 1 strike policy. If the animal gets loose, shows aggression, damages the unit, neighbors can smell the animal or makes excessive noise that disturds neighbors outside the unit, it is grounds for removal of the animal or face eviction.
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Jennifer J.
Pleasant Hill, CA · Member since 2017 · 43 posts · 17 votes
7y
@Nathan Gesner the information you provided is very helpful.
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Jennifer J.
Pleasant Hill, CA · Member since 2017 · 43 posts · 17 votes
7y
@Account Closed I like the way you handle it, especially the part about not moving in animal without prior knowledge.
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Ashley KehrPro Member
Rental Property Investor · Buffalo, NY · Member since 2017 · 208 posts · 186 votes
7y
@Michael Ablan I’m also from NY and my attorney has advised me that I can require a note from a licensed professional before waiving the pet fees. I’m still waiting on the note from the last person who said they had an ESA.
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Eric D.
Investor · Eagan, MN · Member since 2014 · 86 posts · 58 votes
7y
Most renters have pets. Landlords that do not allow them exclude a lot of applicants. I would rather exclude applicants by credit score, not pets.
I charge extra for pets, however I have fairly high standards for my tenants. Good tenants have good pets, or are responsible enough to pay for damages.
ESA and Service animals cannot be charged for. The first year they are free, the next year you can bump the rent a bit to make up for it.
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Eric D.
Investor · Eagan, MN · Member since 2014 · 86 posts · 58 votes
7y
Originally posted by @Ashley Kehr:

@Michael Ablan I’m also from NY and my attorney has advised me that I can require a note from a licensed professional before waiving the pet fees. I’m still waiting on the note from the last person who said they had an ESA.
For an ESA animal, you can. For a service dog, you cannot require anything.
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Tim Miller
Rental Property Investor · Laurel, MD · Member since 2016 · 383 posts · 382 votes
7y
@Michael Ablan: I am almost speechless at how many investors/landlords don't bother to learn what the "LAW" really says about this issue.
Service Animal - Per the ADA:
Is an animal that performs a specific task.
Notice it say "Animal" meaning singular not multiple.
A service animal is only a dog or miniature horse.
If their disability is not noticable you have the right to know what specific task has the dog been trained to do.
Emotional support animal:
Again, this is singular and not plural.
The online certificates are not worth the paper they are printed on. A social worker cannot authorize an emotional support animal. Psychiatrist or a physician is the only one that can do this in most States. Again check with a lawyer when in doubt. But remember it's an emotional support animal not animals.
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Michael Ablan
OP
Real Estate Broker · Watertown, NY · Member since 2016 · 1k+ posts · 1k+ votes
7y
@Tim Miller - The issue is that the "law" is extremely grey, and up to interpretation. You don't even have to violate it to get into a lawsuit. The applicant just has to "feel" discriminated against. They can then call the state and file a lawsuit for FREE, in which the landlord must either represent themselves, or pony up $$ for defense.
There is no consequence for someone to feel like they've be discriminated against. Yet, there's a possible huge consequence for a landlord who attempts to stand behind the "law" and defend themselves. It's almost not even worth it.
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Jay Weathersby
Rental Property Investor · Orlando, FL · Member since 2019 · 44 posts · 48 votes
7y
I just make them pay a pet fee in addition to the security deposit. That fee will cover professional carpet and house cleaning if the tenants fails to do upon moving out. All of this is documented in the lease agreement.
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PJ M.
Philadelphia, PA · Member since 2019 · 174 posts · 124 votes
7y
@Jay Weathersby that only works for pets. You're not allowed to charge pet fees for ESAs as they aren't considered pets....thus the circle of the problem.
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Johann Jells
Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
7y
Originally posted by @David Stumpf:

@Greg M. So from what I read the online applications does not fulfill the requirements for an ESA? Only a doctor, psychiatrist, counselor, ect. can "prescribe" it. Since these professions have degrees, licenses and taken oaths, why are they not being held responsible for false claims of someone "needing a support animal". I think this might be a more productive route to create a solution to this problem. If found that a doctor is giving out ESA vouchers to someone with no history of depression or handicap beforehand (no treatment has been seeked) they are at risk for their malpractice insure of going a little higher.
If you stop and think about the disasters caused by doctors actually prescribing unneeded drugs or performing unnecessary surgeries, you'll realize they're taking no risks. The stories of doctors who are actually dangerous to their patients are rampant. The medical profession is VERY reluctant to police it's own.
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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
7y
On our early questionnaire we simply ask 'number of people' and 'how many animals' we do not use the term 'pets'.
Renters are not like homeowners. If my dog or cat were to make a boo boo it would be taken care of right then and there and completely-(it does not happen anyway).
Most tenants can be way more sloppy-even about their kids! But that is another post. LOL
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Lance Hitz
Rental Property Investor · Thunder Bay, ON · Member since 2019 · 28 posts · 13 votes
7y
@Michael Ablan
Here in Ontario, landlords are unable to ban pets whatsoever, such is void if present in a tenancy agreement. I’m sure this causes many headaches for local landlords.
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Nancy P.
Naperville, IL · Member since 2018 · 330 posts · 357 votes
7y
@ Tim Miller:
The horse and dog thing is about public accommodation. Doesn't apply to leasing. I know two trained Capuchin monkey service animals. Have heard about birds and wolves, too.
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Ned J.Pro Member
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
7y
Even if the law changes where a license physician needs to write the certificate for a ESA, it will only weed out a small % of the people that are scamming their pet into an ESA. When faced with the request from a patient, few doctors will decline to do it....to them its a harmless request and there will be higher ramifications for saying NO, then just saying YES. And if they do, they person will just jump to another doctor. Yes it will take a but more effort, but that will only screen out the real lazy ones
On inial screening, its easy to exclude them without violating any laws....just find another reason to decline their application and find a better applicant. The real issue is once they are a tenant and all of a sudden want an ESA.... then you are stuck.....
I'm a veterinarian and I have clients with "ESA" pets....99% of them are full of sh*t..... I refuse to sign ANY paperwork regarding being an ESA except document vaccines, parasite control etc.
It legit ruining it for people that truly need a service animal...... ESA is a scam in 99% of cases..... but they all get lumped together.....
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JD MartinBusiness Member
Moderator
Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
7y
The first thing to do is to know what laws apply to you federally and locally.
Federal: you're mostly looking at FHA (Fair Housing Act) and ADA (Americans with Disabilities Act).
FHA doesn't apply to you if you have a quadplex or less and live in one of the units (i.e. "house hacking"). Also doesn't apply to you if you have SFHs (3 or less) and rent them out yourself (i.e. you don't use a property management service).
ADA: doesn't cover "emotional support animals" at all. You can ask for documentation of proof of necessity of a service animal if the disability is not apparent or known to the landlord - i.e., you can't ask someone who's blind for documentation that they need a seeing-eye dog, but you can ask for proof for someone who claims the need based on something not obvious - epileptic seizure, for example.
Beyond that, you need to know your local laws. Personally, I think too many landlords just shiver in their boots about the threat of lawsuits. You just need to go into landlording knowing that you might one day have to go to court. The likelihood that you *will* get sued is ridiculously small, even by scammers claiming ESAs or other things. That's way too much trouble for most people who are just trying to smuggle in Fido or Bootsie.
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Tim Miller
Rental Property Investor · Laurel, MD · Member since 2016 · 383 posts · 382 votes
7y
@Nancy P.
The Americans With Disabilities Act does apply to leasing and miniature horses are included in the act.
Check out www.ada.gov or just search HUD website for the information.
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Jennifer T.Pro Member
Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
7y
Originally posted by @Tim Miller:

@Michael Ablan: I am almost speechless at how many investors/landlords don't bother to learn what the "LAW" really says about this issue.
Service Animal - Per the ADA:
Is an animal that performs a specific task.
Notice it say "Animal" meaning singular not multiple.
A service animal is only a dog or miniature horse.
If their disability is not noticable you have the right to know what specific task has the dog been trained to do.
Emotional support animal:
Again, this is singular and not plural.
The online certificates are not worth the paper they are printed on. A social worker cannot authorize an emotional support animal. Psychiatrist or a physician is the only one that can do this in most States. Again check with a lawyer when in doubt. But remember it's an emotional support animal not animals.
This is a really key consideration also that I think many people aren't aware of. Landlords or potential tenants!
Each individual tenant can have ONE ESA or service animal. So a tenant can't bring in a herd of dogs and say they are all ESAs. With that said, I'm pretty sure that's true for each person living in a unit. So Mommy can have one ESA. Daddy can have one ESA and twins Betsy and Mitzy can each have one ESA also.
I am a huge proponent of anyone who legitimately needs either a service animal or ESA. But, like the rest of you, I'm also tired of the majority of people who claim they need an ESA are bold-faced liars and scammers. And I wish stricter standards were put into place by these government agencies to protect us/hotel/motel industry/airlines from this problem that has become rampant.
With that said, I've actually never had a potential/current tenant claim they have an ESA or service animal. Possibly because I do allow dogs/cats in most of my units, though with a pet deposit and pet rent. But I don't ban animals entirely.
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Eric Carr
Real Estate Broker · Los Angeles, CA · Member since 2017 · 658 posts · 293 votes
7y
I allow pets. I encourage people to rescue and coach them on care and the responsibility.
Screen the pet, take a larger deposit, require renters insurance. Thankfully the world seems to be changing and pets are becoming more a part of peoples family and lives.
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Grant Rothenburger
Investor · Taylor Mill, KY · Member since 2016 · 2k+ posts · 964 votes
7y
Forgive me if someone else said this already, but there's usually something else you can find or come up with to tell them why you are not selecting them as your tenant. I guess then the problem becomes if the few without support animals are lesser quality tenants, you'd rather have the tenant with the animal.
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Jennifer J.
Pleasant Hill, CA · Member since 2017 · 43 posts · 17 votes
7y
I’m comfortable with screening new applicants, I am more concerned that a tenant will try to add an ESA after they are in the rental. That seems more complicated. The forums have been very helpful with providing fair and proactive solutions to this issue.
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David Stumpf
Rental Property Investor · Baltimore, MD · Member since 2017 · 142 posts · 125 votes
7y
Originally posted by @Ned J.:
few doctors will decline to do it....to them its a harmless request and there will be higher ramifications for saying NO, then just saying YES. And if they do, they person will just jump to another doctor. Yes it will take a but more effort, but that will only screen out the real lazy ones
The really lazy ones are the best ones to screen out!
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Nancy P.
Naperville, IL · Member since 2018 · 330 posts · 357 votes
7y
Originally posted by @Tim Miller:

@Nancy P.
The Americans With Disabilities Act does apply to leasing and miniature horses are included in the act.
Check out www.ada.gov or just search HUD website for the information.
You misunderstood my post. Your post said only a dog or miniature horse can be a service animal. That's true in a case of who a hotel or store has to allow in. I'm saying as far as the ADA is concerned, several other animals are service animals. You couldn't deny the Capuchin monkey who can make a sandwich for the paraplegic tenant, for example.
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Ned J.Pro Member
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
7y
@Eric Carr.... the real issues isn't allowing or not allowing....... I allow pets..... but if the pet is one I don't allow...certain breeds are not covered on insurance..... or the pet is an issue at the unit....noise, urinating/defecation, chewing etc, then the landlord is placed in a much harder situation to force them to get rid of the pet..... the tenant will scream ESA and now legal issue come into play
It takes away the ability for the landlord to say NO, or this pet has to go.....
I allow pets....I screen them similar to a tenant....... I take a high deposit per pet and I have restrictions...but I have options..... the ESA defense just makes my options tougher
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