ESA and Service animals in Student Group Homes

[Mattie L.]

I understand ESA and Service/Therapy Animal rules for an individual apartment or home, My concern is that I have several 6 bedroom group homes I rent to University Students. All of those homes have a no pet policy due to the fact that most of the students really don't have time to care for a pet. Recently, I approved a young woman who moved in, and one month later requested approval for her ESA, a German Shepard. She has not yet provided a letter or proof of insurance, however, with our clause that states "no additional pets allowed", not only has she brought in her boyfriends dog, which is also a Shepard, another of the room mates has now brought in a cat without permission. Three of the gals who live in the home are senior student residents and object to the animals. We are not against pets or service animals, it just seems there are situations where seniority tenants have a vote.

My question is "What are the rights of the other tenants with seniority that were already living in the home because it was a pet free environment? What about other tenants with health concerns like allergies to animals? When and how can we draw the line in this type of situation? Are there Fair Housing or HUD laws that address this concern? I have found none yet.

[Taylor L.]

ESAs are not pets, they are basically equivalent to wheelchairs. This is not something I would take the advice of an internet forum on, you need to talk to a lawyer who knows your local laws, in addition to state & federal. 

[David Stumpf]

As a landlord you are required to make reasonable accommodation for Emotional Support Animals. If someone in the group home is allergic to animals, the request for an emotional support animal may not be a reasonable accommodation since it would negatively affect the health of someone else.

[LaVonne Eaton]

I rent by the bedroom to students also. If one person produces a "letter" regarding an ESA pet then what is to stop the other 5 students from doing the same thing? In a group house, it's really not a reasonable accommodation. I'm surprised there aren't more comments here from people that have had ESA experience.

I also wonder what happens when one tenant has an ESA pet and when they move out, the next person has a serious allergic reaction even if the carpet has been cleaned. Is that then a lawsuit for the landlord?