Good news for TN landlords - crackdown on ESAs/service animals

JD MartinBusiness Member

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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes

Ok, so I don't have all the specifics yet on how it works - and if someone does, please post here - but as of Monday there will be a process for verification of emotional support/service animals in Tennessee, and criminal penalties for lying about it.

Has not been a problem for me so far (I allow pets anyway) but it is certainly welcome since this has been so abused.

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Dennis M.

Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes

I pray this gets put into place for the whole country . This fake ESA nonsense has gone on too long !

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Bob B.
Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
7y
That's great news, but it is a HUD requirement. How are they going to get around HUD?
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Dennis M.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
7y
I pray this gets put into place for the whole country . This fake ESA nonsense has gone on too long !
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Marc Winter
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
7y
Understand the differences:
There is a big difference between ESA and service animals. Service animals are covered under American Disabilities Act. Those are animals such as seeing-eye dogs. These animals can cost thousands or tens of thousands of dollars because they are professionally trained. Any business is required to make reasonable accommodations for dogs covered under ADA.
Dogs covered under ESA can be prohibited from any businesses - it is up to the business. ESA dogs undergo no 'emotional support' training and can be any random animal. They are only covered under Fair Housing, which only covers the tenant, not the tenant's visitors.
Most people with ESA literally just print a bogus certificate off the internet or buy a vest. There is no vetting process or training that takes place. There are people who claim an ESA have no medical need and only do it so they can take their pets with them everywhere they go.
Source: unknown.
Please verify research.
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Jason Bruning
Rental Property Investor · North Wales, PA · Member since 2017 · 46 posts · 14 votes
7y
Yes lets get this passed across the board for all states.
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Alex Smith
Property Manager · Chattanooga, TN · Member since 2018 · 179 posts · 92 votes
7y
JD, this is good news. Do you have a link or anything with specifics?
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Joe SplitrockPro Member
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Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
7y
@JD Martin my state passed a law last year regulating ESA. Our law just clarifies that online certificates are not allowable. Only a medical profession treating patients face to face, licensed in our state, can author a note.
This makes perfect sense when you think about it. The animal is being prescribed. It is no different than prescribing pain killers or antidepressants. You have to actually evaluate someone to know if that is the right prescription. I don't see how a law like this violates fair housing. It simply clarifies the ambiguity.
Our law was the result of lobbying by our state multi housing association. I am a due paying member and I encourage everyone to support similar in their state.
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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
7y
Originally posted by @Joe Splitrock:

@JD Martin my state passed a law last year regulating ESA. Our law just clarifies that online certificates are not allowable. Only a medical profession treating patients face to face, licensed in our state, can author a note.
This makes perfect sense when you think about it. The animal is being prescribed. It is no different than prescribing pain killers or antidepressants. You have to actually evaluate someone to know if that is the right prescription. I don't see how a law like this violates fair housing. It simply clarifies the ambiguity.
Our law was the result of lobbying by our state multi housing association. I am a due paying member and I encourage everyone to support similar in their state.
I also think most landlords don't realize that ESAs are not covered by the ADA, only Fair Housing, and that the landlord does have the right with service animals, if the disability and need are not readily apparent (i.e. a seeing-eye dog), to ask the specific function of the animal and documentation that the animal is a medical necessity. I have posted the link to that ADA language before. Since ESAs aren't even considered part of the ADA, I believe it would be highly unlikely that the standard of proof would be held to a lower standard, which is why these laws covering ESAs are a welcome addition.
For me, I allow pets anyway so I don't have any real no-animal policy. If I had someone who was a PITA their animal would probably be the last reason they were disqualified from my units :)
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Costin I.
Rental Property Investor · Round Rock, TX · Member since 2016 · 1k+ posts · 971 votes
7y
@JD Martin, I don't think allowing the pets is the problem and I wonder if there is someone using an ESA to get into a rental that doesn't allow pets. I think is more to avoid paying a pet deposit/rent and circumvent a pet policy that might disqualify dangerous breeds, exotic animals (heard of birds, snakes, pigs claimed as ESA) and/or paying a liability insurance (e.g. dog bite).
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