The End of Fake ESAs / Service Animals?

[Filipe Pereira]

What's your worst ESA / service animal story? Hopefully that's well behind you...

I've long said that it will take big money lobbyists (likely from the air travel industry) to push into motion some type of regulation on ESAs, Service Animals and the likes.

Hopefully this is just the beginning of the process of getting these animals on a registry with a proper license that can be verified by anyone.

I've raised two German Shepherd Guide Dogs through the Fidelco Guide Dog Foundation and have watched a shift in our culture around ESAs and Service Dogs over the last 2.5 years. Some people have abused "the system" (or lack thereof) resulting in more difficult environments for animals who are actually working for their handler.

Here's to hoping that this is the beginning of the tides changing for property owners and the beginning of the end of fraudulent ESAs and the like.

See this BBC article.

[Account Closed]

The only problem with ESAs and landlords, is landlords who don't know the law.

If an applicant wants an ESA, they must request a reasonable accommodation from the landlord.

Note the word reasonable.

You have the right to give the applicant your own form and then ask for the name and fax number of their medical professional who says they need one in order to live in your unit - based on their disability.  Then, you can Google the medical professional and the fax number to make sure it's legit.  

Then, you can use HUD's suggested letter which is Hud form 7399. Here it is cut and pasted:

Sample letter for Companion Animal

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)

ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD]:

[NAME OF TENANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL]

And then, their request still has to be "reasonable".  Is it reasonable to get a puppy? Probably not.  Especially, if they won't be home all day.  A dog on a restricted breed list?  Probably not.  

I heard of a landlord who had a tenant with a letter from his shrink saying an aquarium would be good for him, and the landlord didn't allow any pets.  So, the tenant wanted a 200 gallon saltwater tank, and he said that's not reasonable.  So, they negotiated a 10 or 20 gallon tank, as I recall. 

And remember, that ESAs don't get a free pass once they're in, either.  If they make too much noise, you can give warnings and then kick them out.  3 day notice to quit the noise or get kicked out.  If they don't clean up their poop, you can give warnings and eventually kick them out if they don't clean up, etc.

It's really not all that horrible.  But, you hear all the time from landlords who complain - because they don't know their own rights.  

And you should know the process a tenant has to go through to file a complaint. HUD or the local agencies are slammed with complaints. If the complaint isn't a winning one, they aren't likely to get representation. And even if they do get some militant activist to confront you, you can always just come right back at them with the rules.

It always comes down to knowledge is power.  Know your rights as a landlord.  Be fair, when it's right and reasonable.  But, if it isn't, then stick up for your rights.  And for tenants who really need a well-behaved ESA that's not a 100 pound gorilla, treat them well and fairly and you probably won't have any issues at all.