Emotional support pets

[TJ Daniel]

I have been allowing pets in our units and one potential tenant claims that their dog is an emotional support animal. I honestly don’t believe him, but want to make sure that I’m giving equal opportunity. I’m requesting a note from a MD as proof they need a emotional support animal. Is there anything else that I can request?? Or anything I should look into?

[Marcia Maynard]

Most pets provide comfort and emotional support for their owners, but that doesn't make the animal a legitimate ESA (Emotional Support Animal).

Some people try to pass their pets off as and ESA or a Service Animal to avoid pet policies and pet fees.

It's best to establish a clear policy that's in alignment with non-discrimination laws.  A person with a qualified disability can request a reasonable accommodation. For the housing sector, look to Fair Housing laws for guidance.

A legitimate "service animal" requires training but an "emotional support animal" does not. Both can be considered "assistance animals".

Privilege to keep such an animal without it being considered a "pet" requires the tenant to have a qualified disability as defined by non-discrimination laws.

Conditions for keeping a service animal/assistance animal:
1. Does the tenant have a confirmed disability as documented by a qualified professional? 2. Has the tenant requested an accommodation?  3. Does this particular service/assistance animal provide necessary service/assistance specific to the Tenant's disability?

People who fake a disability to get their pet into housing, or on a plane, or into a public place, do a great disservice to people with real disabilities who have a real need for a service/support animal.

Most fakers will back off if the landlord has keen knowledge of non-discrimination law and a procedure in place which requires appropriate documentation. @TJ I'd be glad to talk with you about strategy. This is a topic which trips up a lot of people.  My professional background as the non-discrimination compliance officer for a large medical center has helped me as a landlord too, although different laws apply.