Just got an email from someone who has a dog and 3 cats that are "ESA", as they claim. How many service pets are they allowed??

That is a VERY VERY GOOD question. I can understand a service dog. I have a really hard time swallowing the "emotional" support animal. I hit the brakes at several ESA's.

Can you deny? I don't know. Should you be able to? 100% hands down yes.

To clarify a couple things:

1. Don't call them Service Animals if they are Emotional Support Animals. They are not the same thing.

2. That being said, as landlords, we kinda have to treat them the same. :(

3. You can require the letter from a doctor or healthcare provide for each animal -- do that, at least.

4. You cannot require "shot records" as suggested above -- so don't do that. (Unless they are otherwise required for all animals by some local/state law.) But, in general, you can't require them for ESAs or Service Animals.

5. As was said, find another reason to deny if they aren't a good match for you. In my experience, most people that would have multiple ESAs don't meet the normal requirements to qualify anyhow.

- John...

Wow ... makes you wonder what their problem is :) (don't ask though!!)

True story; I live in a HOA that was originally established as a no dog community. This year a resident who has an ESA applied for an additional ESA claiming that her dog needed an ESA. The board put it to the community lawyer and he told them to allow it. Talk about a cop out.

The DOG needed an ESA? What a load of bull!

My city ordanances still apply to all ESAs and Service Dogs, so I am allowed to ask for proof of vet care. I checked. The fact that an animal is a SD or ESA does not excuse it from vet care per city ordanance, which locally is mainly a rabies vaccine.

As for multiple ESAs, I can't imagine.

My application asks for all residents in one place, then all ANIMALS in another.

I am very comfortable asking for a letter from a licensed provider, on letterhead that includes phone, fax and license number, a statement that simply states that their patient requires the ESA as part of the treatment plan. I deal with FERPA and HIPPA on a daily basis, and my request does not violate HIPPA.

If they claim the animal is a SD, that is a special classification. The two questions to ask are, "Is the dog necessary to mitigate a disability." And "What tasks has the dog been trained to perform?" A dog can be trained to sense an oncoming seizure, for example and becomes a medical alert service dog. They can pull wheelchairs to assist a manual one, open doors, alert the deaf for a phone ringing or doorbell, lead the blind, and much more. These dogs are trained to ADI Standards, so you can ask if the dog has been trained by an ADI member organization or to ADI Standards. Not all are, but most are. There is no legal requirement for it at the present time, however responsible SD owners will be aware of ADI standards.

Big difference between a SD and an ESA - a SD can go into public places and an ESA cannot. A SD can spend the night in a hotel while an ESA is considered a pet for hotel purposes. A SD can go into Kroger, Walmart, etc. An ESA cannot.

Agreed -- all good info from Barb! I concur!

- John...

Thank you for your help.

Because they're highly emotionally disabled. Nobody should have that forced down their throat but yet here we are.

The dog needed an ESA. Who prescribed it? I'm assuming it was a vet, not a people doctor because the dog is not the human doctor's patient. I would think we wouldn't be required to take a note from a veterinarian to allow the dog a reasonable accomodation.

All this "dog needed and ESA" side crap is meaningless. The FHAA doesn't cover dogs that need ESAs. It doesn't apply to us at all. Any attorney for any HOA that said otherwise either doesn't know what they are talking about -- or there was more to this story than how it was presented here.

But, again, it has nothing to do with the situation being asked about here.

- John...

Two things:

1. Some quick searches tell me that it doesn't appear the multiple Service Animal thing has ever gone to court. So, there is no case law there yet. So, I'd be very careful before saying "only one per person" for certain.

2. It is a bit odd to have a lawyer specializing in the ADA talk to a RE group -- because the ADA, in general, doesn't apply to us. The FHAA does. They are similar, but certainly not identical. Therefore, what he says about the ADA may or may not apply to the FHAA and, therefore, apply to us.

- John...