Rental Property Investor · Iowa City, IA · Member since 2019 · 94 posts · 35 votes
Hey everyone,
I wanted to reach out to the community to ask for your thoughts and strategies on how to legally deny "fake ESA's." As ESA's become more and more popular, it seems like many people are taking advantage of the system to avoid paying pet fees and to bring animals into buildings that would otherwise be prohibited.
While I'm a big fan of pets myself, I'm getting tired of seeing so many pets being labeled as ESA's without any real need. I've seen everything from pit bulls being picked up from the pound and aggressively slamming against a neighbor's window to attack their chihuahua on the same 1st day, to people claiming to need four ESA's, even ESA pigs.
I know that designating a building as a no-pet building can lead to playing the hyper-allergenic tenant vs. ESA game, which can be a headache if not a losing battle. Plus, I want pets, but I also want pet rent.
So, what strategies have you used to legally deny ESA's? Do you require proof of a medical or psychological need for the ESA, and if so, what documentation do you require? Do you call the physician? Have you ever had to go to court to defend your decision to deny an ESA, and if so, what was the outcome?
I have heard of some people using pet application companies to make it more difficult or time-consuming for tenants to register their pets, but I'm not sure how effective this is. I'm interested to hear what other tactics have worked for you.
Thanks for your help! I look forward to hearing your insights and strategies
We built a simple process on these guidelines. Unless a resident that provides evidence that meets every criteria from HUD, we simply hand them a letter that the evidence they provided does not meet the requirements for an ESA. It kills 90% of ESA requests.
Our estimate is that over half of those that meet all criteria are legit ESA requests.
For those bleeding hearts out there, here is my proof of the ESA scams. I paid for this so enjoy. Go to this web site https://usaservicedogs.org/loo... and enter the number "48390909".
We built a simple process on these guidelines. Unless a resident that provides evidence that meets every criteria from HUD, we simply hand them a letter that the evidence they provided does not meet the requirements for an ESA. It kills 90% of ESA requests.
Our estimate is that over half of those that meet all criteria are legit ESA requests.
For those bleeding hearts out there, here is my proof of the ESA scams. I paid for this so enjoy. Go to this web site https://usaservicedogs.org/loo... and enter the number "48390909".
We built a simple process on these guidelines. Unless a resident that provides evidence that meets every criteria from HUD, we simply hand them a letter that the evidence they provided does not meet the requirements for an ESA. It kills 90% of ESA requests.
Our estimate is that over half of those that meet all criteria are legit ESA requests.
For those bleeding hearts out there, here is my proof of the ESA scams. I paid for this so enjoy. Go to this web site https://usaservicedogs.org/loo... and enter the number "48390909".
Tell me what you see!
Props to you and I hope it works out. However, if a tenant files a Fair Housing claim which does not cost them a dime and cost you thousands to defends will you feel the same? Personally, it is just not the hill I wish to die on
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
3y
@Greg H. I'm not worried about HUD prosecuting me for flawless execution of their guidelines.
The alternative is death by a thousand cuts. We put this in place because our staff approved one person with false documentation and within a month we had a half dozen requests using false evidence from the same web site.
It is surprising how little push back we get with our rejection letter. It seems like they all know they got caught and were just hoping they might sneak this through.
Almost always, the person applying for an ESA has a pit bull or doberman or some other aggressive breed. Not only are you losing pet rent, but you are seriously opening yourself up for lawsuit liability in the event one of these dogs attacks someone. I'd be more worried about that liability.
We also put a sign up in our office stating that falsification of ESA information is punishable up to $10,000, which it is in the State of Indiana. We love ensuring that they know about the state law.
FWIW, HUD guidelines indicate that if the dog shows any aggressive behavior they can be removed. We had one resident we suspected had fake ESA documentation but it complied with all HUD guidelines so we allowed her pit bull in as an ESA. Six months later it attacked another dog. Within days, it was no longer on our property.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,
As someone once said, the best Defense is a Great Offense! Develop a WRITTEN Assistance Animal Policy, provide a copy for review when you show a unit or whenever someone raises the issue; and attach it as a referenced addendum to your Rental Agreement.
Per the HUD guidelines, there are only two questions you can ask, IF the answers are not clearly obvious. 1) Does the prospective resident have a qualifying disability? 2) Does the animal perform a task, provide assistance, or alleviate a symptom of the disability? For purposes of housing, it does not matter if they have a true service dog, emotional support animal, therapy animal or any other designation, all need to meet the HUD guidelines, and there is NO "official" Registry for any such animals. You cannot "verify" what the disability is or ask any further questions of the applicant OR the person signing the verification document.
We provide a sample document for the applicant's medical care provider, social worker, or other professional to directly respond to these two questions. We do require complete information of the professional, including office location and verification they have personally assessed the applicant's disability and need for the specific animal. As HUD states, you can require "reliable" sources, which could be within your local region (unless the applicant is new to the area), and explicitly reject "online" sources.
You also can still have "reasonable" restrictions, such as requiring a recent Veterinarian report that proves the animal is in good health and well cared for and identifies the breed, weight and other identifying elements. This report can require updating annually, as can the confirmation of disability and need for the animal. It is perfectly reasonable to require a chip or collar with identifying information. Generally it is reasonable to require the animal be spayed or neutered (unless contraindicated by the Veterinarian), as this results in less aggressive animals. You need to be concerned for ALL of your residents. If you are in a Multi-Family building, it is reasonable to require the animals to be in a carrier, or held when in confined spaces such as elevators and stairwells, unless that restricts the animals specific assistive tasks. They can be leashed in more open areas, again as long as that does not interfere with their "work". It is perfectly reasonable to require handlers to clean up after their animals that urinate or defecate in the common areas, and to require that no offensive odors emanate from their residence. The animals must be properly cared for in the residence as well. Animals that create a disturbance or are aggressive toward neighbors can, after reasonable attempts to resolve the situation, can be ordered to be removed and/or evict the tenant. These animals do not get a "free pass" on all the rules, they need to be well and properly controlled, and well tempered.
By having a clear and detailed policy that adheres to the law, you absolutely discourage many of the "fake ESA" handlers from applying. One final item to include, SOME states are now creating laws that penalize people that "Misrepresent" their animal as an ESA/Service/Therapy/whatever.
I do recommend once you develop your own policy, that you DO have an attorney review it to ensure you are not overstepping. The key, is do not "shoot from the hip" when the topic comes up...have it at the ready, in writing, to provide the full context without missing important points. Be thorough.
Print out the HUD guideline. Read it many times. Highlight it. Understand it. Then develop a written policy.
When someone applies with a fake certificate, send them a denial due to a fake claim, then block their contact immediately and move on.
I also recommend signing up for a free account with petscreening.com and let them handle the heavy lifting. If they say the applicant meets the requirements, then they meet the requirements. If they deny, then you know it's a legal denial. Takes all the work off your plate.
One more thing: I have a clearly published policy that I offer the rental to the first approved applicant. If I am trying to screen an ESA and it causes delays in the approval process, someone else can apply for the same rental, get approved, and take the rental off the market.
Rental Property Investor · Iowa City, IA · Member since 2019 · 94 posts · 35 votes
3y
hahaha @Greg Scott. I loved seeing the picture of a couch. Thanks for sharing your thoughts, and confident/ success involved with this issue. I would love to review your process and letter if you would be willing to share. It sounds like you have a pretty good thing going.
It can feel a bit scary when all of this legal jargon is being through out and there is so much room for interpretation, we often often time side with @Greg H. on play they safe side but then that leads to the " Death by a thousand cut" so I appreciate all of the good conversation and thoughts on this. I am hope to present more ideas and clarifying terms to our representatives / lobbyist.
@Richard F. Good note that nowhere is there a official registry, and of course having a clear policy in place is very helpful. We have intently kind of hid the langue of ESAs "not in lease" in hopes to keep it quite "not to give others ideas". I also definitely agree that ESA are required to keep to the same policy as all other pets! Perhaps I didn't make that clear in my post. In the example I provided about the Pit bull jumping at the Chihuahua we were able to remove the pitbull from the property because it was very aggressive and never resolved.
@Nathan Gesner Or @Drew Sygit Have you had petscreeneing.com or the company you use successfully deny a request for ESA? or do they just passively allow most / all in?
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Drew is correct. They screen out a lot of fraudulent claims. I saw a blog post recently where they reported something like 40% of requests were denied.
I would argue they are not as aggressive as I would be, but that's because I'm a pit bull when it comes to this issue and probably too aggressive. I went with Petscreening because I know they are 100% legal and will keep me out of hot water. :)
