The taxpayer's rental real estate activities are no longer per se passive and the taxpayer may use any of the 7 bright line tests under Treasury Reg Sec 1.469-5T(a) to determine material participation.What is interesting is that by default IRC Sec 469(c)(7)(A) and Treas Reg Sec 1.469-9 prescribe that each rental real estate activity must qualify for material participation on its own for the determination. 

Now,  HIPPA laws mean I can't ask what exactly the potential tenant's mental health issue is,  but I can ask for a letter from  a real doctor saying s/he prescribed a therapy animal.  

To me, this is saying the Dr has never met or talked with the person and is prescribing an ESA based on a questioner.

Also, you include prescribed medical marijuana in your rules for no marijuana?  

I could call any doctor in the country, provide a list of symptoms found on the internet, and be diagnosed with anxiety disorder and prescribed an ESA.

You'll find it hard pressed to find properties near/around downtown Pensacola that fit the 1% rule-of-thumb as prescribed on BBP; the downtown sector and nearby neighborhoods are expanding rapidly, and values with it.

Its best to diagnose the situation first before prescribing a solution or remedy.

(b)Conditions for furnishing and using consumer reports for employment purposes(1)Certification from userA consumer reporting agency may furnish a consumer report for employment purposes only if—(A)the person who obtains such report from the agency certifies to the agency that—(i)the person has complied with paragraph (2) with respect to the consumer report, and the person will comply with paragraph (3) with respect to the consumer report if paragraph (3) becomes applicable; and(ii)information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation; and(B)the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer’s rights under this subchapter, as prescribed by the Bureau under section 1681g(c)(3) [1] of this title.(2)Disclosure to consumer(A)In generalExcept as provided in subparagraph (B), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless—(i)a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and(ii)the consumer has authorized in writing (which authorization may be made on the document referred to in clause (i)) the procurement of the report by that person.

(Note: The 1031 rule requires that the new construction be complete and the sale  closed within the prescribed timeframe.)

Now, I will admit, by using  the method you prescribed, it gives you a good response if a discrimination case is charged.