I rent out rooms to students. In a 3 bedroom apartment, I sometimes have 3 unrelated people who live together which has worked out well for my student population. I have a no pets policy....

Yesterday I received a call from a student asking about a room, but he also has an ESA animal...dog.

I'm not sure how to proceed with this. I know it's against the law to discriminate, but what about the existing tenants? Some may have allergies, some may have a fear of dogs, etc., so is there a protocol to follow in this situation?

I can't just put someone in an apartment with a dog and not consider the other tenants that have been their first. I also don't want to go against the "protected class" of people that need ESA's. Thoughts?...

My understanding from the Fair Housing classes that I have taken, is that the existing roommates would have had to file their own reasonable accommodation first. So, in the case of someone allergic to dogs, that roommate would have had to file paperwork with you requesting a reasonable accommodation of an animal free rental unit.

Jeesh. What a bad situation we have to deal with these days.

If this subject wasn't so convoluted, it wouldn't be rehashed here almost every day.

This situation can occur in your bread-and-butter multi-units , not just rooming houses.

An apt building can be "no pets" and some tenants move in specifically because of that advertised policy. Why would they think to need to make some declaration of their allergy to pets if the policy prohibits them?

I've seen some guidance from HUD on this actually, but can't find it right now. The general gist was that you should check with the roommates and see. If one of them does have a legit allergy that would make this an unreasonable accommodation, then you should take steps to see if there is some OTHER reasonable accommodation that you could make -- such as putting them with other roommates in a different building, for example. That's a pain, sure, but HUD still considers it "reasonable."

If you have no other units at all and can't do anything about it, then it may be "unreasonable" for you to allow them to have the ESA due to the other roommates. But you better darn well document that with a written statement from the roommate with the severe allergies.

- John...

Denying an ESA because a roommate "just not used to living with dog or do not want put it in writing" would be big problem for the landlord. Don't do that.

- John...

your tenants are not roommates they are roomers. As for the ESA ask for verification as per the recent thread, (yesterday?). Ask your roomers if they have someone who is looking for a room, or if you get another inquiry qualify it. Is it different where you don't do an app? My units are available and advertised till I have a complete app and a holding fee. Sometimes it takes a while for a LL reference and such to respond during the verification and another app moves faster.

As small potatoes(NY) says, this is a non- issue until the person actually applies. A good line to say up front is, "Of course service animals are not pets." (Period. Say nothing more, and proceed with your standard phone or online prescreening.) Scrutinize the app carefully, if it ever even appears. Meanwhile, ask the other roommates if they might know of someone who needs a room and that they would want to tell about the opening.

I may or may not have dragged my feet about checking up on particulars of an application, while hoping that other, better, and more complete applications show up. Don't be in a rush to check it over, and when you do, be sure to remember than FaceBook is your friend. That ESA may have buddies that they failed to mention.

I think the chances of the existing roommates filing a reasonable accommodation that they can't be around dogs is practically non-existent. I think what happens is that the existing roommates learn that they can go online, get their own ESA letter and they each add a dog or a couple of cats.

I don't have any other suggestion than those already given, but my personal 2 cents:

This situation really stinks - I'm already settled in an apartment, focusing on my studies, doing the right thing. Someone moves into my home with a dog I do not care for (no allergy needed). I do not want a stinky, unbathed dog laying on my couch drooling and shedding. I do not want a dog jumping on me when I leave my room, or barking while I try to study. I do not want this new roommate to assume I will feed or let the dog out when he is not home. I do not want the trouble and expense of moving. Do I not have any rights?

Of course you have rights. You have the right to get your own apartment if you want instead of living with roommates that you don't even know or have any input into. You have the right to go into your bedroom to study to avoid your roommates and their habits.

But, no, you don't have the right to override federal law because you don't want doghair on your shared couch in a shared apartment with a bunch of roommates.

What if one of your roommates was blind and used a cane? Would you complain that now and then their cane hits against the side of your chair or counter or hallway as they are trying to walk to their bedroom without vision?? Would you be upset that your "rights" to not have to live with a blind person?

Again, we say it commonly as LLs -- if they don't like it, then move. Don't live with roommates if you're worried about what habits your roommates might bring with them -- be them disability related or otherwise.

- John...