ESA and Service Animal Question???

[Kathi Miller]

Hello, I recently (May) signed a 6 month lease with a couple who straight up told me they have no pets, as I have a no pet policy. They are to move in Sept 4th. They called me yesterday, Aug 1, to tell me they have an ESA dog. A large one, 50 lbs. They went on to tell me that they didn't try to hide this from me, but didn't want to disclose because of my policy... also that I couldn't charge any additional damage deposit or deny them renting the home. I have never dealt with a situation like this. What are my rights as a landlord? All I asked for was that they give me an additional $300 deposit and I let them know that I denied a lease to another couple for a longer term lease who were upfront with me that they had a small 8 lb dog and wouldn't have had a vacancy for the month of August. Any suggestions or advice? I feel completely duped.

Thank you!

Kathi

[Jill F.]

ESA (emotional support animals) are not service animals but they are protected by fair housing laws-- You can't demand a pet fee or deposit or additional rent for an ESA.

Tenants must first request a reasonable accommodation for their disability. You aren't required to accept an ESA until and unless a request for accommodation is made.

As far as I can tell, the animal is a pet and subject to the pet policy until a request for accomodation is made: they don't need to use the term reasonable accomodation and you can't require that they make the request in writing.

You have to consider the request even if they brought the animal in before making the request. The animal must be licensed per city/county/state regulations but localbreed restrictions do not apply.

You can ask the tenant for a letter from a licensed health care professional treating the tenant stating that an ESA is needed to help with their disability and describing specifically how the ESA will help with their disability.
The letter should be on letterhead from the doctor or practice and should include their professional license number. (In Ohio, unless the tenant recently moved to the state you can require that the letter be from an Ohio health practitioner)

The tenant is required to have a legitimate relationship with the healthcare provider... you don't have to accept any old website certificate: ask the tenant and the provider if the tenant sought out this provider specifically to obtain an esa and if the tenant has been seen by the practitioner before or since.

You may ask for vet records showing that the animal is in good health, free of parasites and has all required vaccinations.

If you require all tenants to carry renters insurance covering dog bites, you may require ESA owners to carry renters insurance that covers dog bites.

We allow pets but our lease states animals brought onsite without prior reasonable accomodation or pet approval will be subject to fines (of $250). It appears to be a legal grey area but I think it will fly in Ohio courts.

I explain to tenants that nuisance barking is not permitted and the tenant is expect to contol their animal (especially in a not pet building). Tenants may be fined or an eviction filed for failing to pick up after an ESA. ESA's must always be on a leash and under control in public areas. Dogs that get complaints for aggressive behavior can be removed.  Pets must be fully vaccinated, in good health and free of parasites.

You can make sure that the tenant understands that this right to an ESA also comes with responsibilities and if noone else has pets we're going to know where the problem lives.

I think the fair housing rules are purposely ambiguous and that is A SHAME for everyone involved. That's a large part of the reason why misunderstandings and landlord and tenant non-compliance with the rules are rampant. I spent a fair number of hours researching this topic recently before I updated my lease but you can never be sure until you litigate a lease provision.

Additionally we are replacing all carpet with vinyl and increasing the rent for everyone to cover what would have been pet rent. I rarely do one-year leases anyway so if an irresponsible animal owner gets in I can likely get them out by non-renewing rather than trying to evict. In Ohio, we can non-renew without giving a reason. I usually just say I want my apartment back.