emotional support dog
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
emotional support dog (by Carol Rhodes [OK]) Jul 3, 2019 7:29 PM
       emotional support dog (by Nellie [ME]) Jul 3, 2019 7:33 PM
       emotional support dog (by OPM [OR]) Jul 3, 2019 7:35 PM
       emotional support dog (by Barb [MO]) Jul 3, 2019 8:09 PM
       emotional support dog (by Robert J [CA]) Jul 3, 2019 8:21 PM
       emotional support dog (by melinda [MD]) Jul 3, 2019 8:29 PM
       emotional support dog (by Nellie [ME]) Jul 3, 2019 8:47 PM
       emotional support dog (by David [MI]) Jul 3, 2019 9:12 PM
       emotional support dog (by opm [OR]) Jul 3, 2019 10:03 PM
       emotional support dog (by David [MI]) Jul 3, 2019 10:09 PM
       emotional support dog (by AllyM [NJ]) Jul 4, 2019 9:20 AM
       emotional support dog (by Drew [CO]) Jul 4, 2019 9:36 AM
       emotional support dog (by Ken [NY]) Jul 4, 2019 11:54 AM
       emotional support dog (by Doogie [KS]) Jul 4, 2019 11:58 AM
       emotional support dog (by John... [MI]) Jul 5, 2019 9:06 AM
       emotional support dog (by Barb [MO]) Jul 5, 2019 11:06 AM
       emotional support dog (by 6x6 [TN]) Jul 5, 2019 1:56 PM
       emotional support dog (by Barb [MO]) Jul 5, 2019 3:34 PM
       emotional support dog (by 6x6 [TN]) Jul 5, 2019 4:20 PM
       emotional support dog (by WMH [NC]) Jul 5, 2019 4:38 PM
       emotional support dog (by AllyM [NJ]) Jul 6, 2019 1:10 PM
       emotional support dog (by Barb [MO]) Jul 6, 2019 2:09 PM
       emotional support dog (by John... [MI]) Jul 6, 2019 3:45 PM
       emotional support dog (by John... [MI]) Jul 6, 2019 3:46 PM
       emotional support dog (by 6x6 [TN]) Jul 6, 2019 5:14 PM
       emotional support dog (by Barb [MO]) Jul 6, 2019 6:18 PM
       emotional support dog (by 6x6 [TN]) Jul 6, 2019 7:35 PM
       emotional support dog (by mike [CA]) Jul 13, 2019 5:02 PM
       emotional support dog (by mike [CA]) Jul 13, 2019 5:02 PM
       emotional support dog (by LisaFL [FL]) Jul 13, 2019 5:26 PM
       emotional support dog (by JKJ [MA]) Jul 13, 2019 9:15 PM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

emotional support dog (by Carol Rhodes [OK]) Posted on: Jul 3, 2019 7:29 PM
Message:

I have a tenant that I discovered has a dog which she didn't pay the pet fee for so I told her she needed to get rid of him within 2 weeks. The next day I receive a letter from a mental health specialist saying she needs an emotional support dog because she has been diagnosed with a mental illness. My question is, What are my rights in this situation? --24.253.xxx.xxx




emotional support dog (by Nellie [ME]) Posted on: Jul 3, 2019 7:33 PM
Message:

Zilch. Nearly.

You can require them to clean up after it, and to not disturb the neighbors. That it be licensed and have required vaccinations. That is about it. Sadly.

--70.20.xx.xxx




emotional support dog (by OPM [OR]) Posted on: Jul 3, 2019 7:35 PM
Message:

Service or ESA animal? ___________

HUD FEDERAL/STATE. 5 19

From the director of HUD’s Fair Housing and Equal Opportunity Enforcement Office.

Landlords are entitled to “reliable verification” of a tenant’s need for an assistance animal and can require documents other than an online certification.

“Consumers are being misled to believe that an online certification or registration—often provided by unlicensed medical persons aguarantees them the right to have an animal in housing regardless of pet policy.”

“HUD does not recognize these pay-to-play certifications as reliable,” Landlords should not feel held hostage by a policy where tenants don’t have to demonstrate in a reliable manner a legitimate need for the assistance of an animal”

Hud reasonable accommodation requests come from a health care provider that identifies the applicant has a medical or mental condition (which is appropriate), but the verification (in a letter) does not always assert that the resident is disabled.

The distinction is important as only individuals with a recognized disability (as that term is defined under Federal law) are entitled to a reasonable accommodation (or reasonable modification) under the Fair Housing Act (FHA).

For example, if a letter notes a resident was diagnosed with “depression” and requires an assistance animal, management is absolutely entitled to confirm if the “depression” rises to the level of a disability.

Indeed, there are countless mental and medical conditions which may – or may not – be severe enough to qualify as a disability.

Also, two different medical verifications identified “therapeutic regimens” or “treatment plans” – but did not assert that an emotional support animal was part of that regimen or plan.

In such a circumstance, owners can also seek supplemental information from the health care provider to confirm that there is a nexus (or link) between the disability and the requested accommodation (or modification).

In an era of highly questionable medical verifications (many of which are purchased over the internet with a credit card), however, I am simply attempting to confirm that a verification is legitimate and is not from a resident without a disability and/or who is not eligible for the requested accommodation.

--162.247.xx.xx




emotional support dog (by Barb [MO]) Posted on: Jul 3, 2019 8:09 PM
Message:

Inspect the home monthly. Use a black light to look for urine on th carpet and walls. Bill immediately for all damage. Bill for full replacement cost.

Beyond that, company policy requires vet records to include the state and local mandated vaccines. --64.251.xxx.xxx




emotional support dog (by Robert J [CA]) Posted on: Jul 3, 2019 8:21 PM
Message:

If the dog is under control and the owner picks up after it, there is little you can do. But being a certified "net job" doesn't give the tenant a license to be a bad pet owner. I'd check to see if the dog has a valid current dog license as required by my city and that it's vaccinated. --47.156.xx.xx




emotional support dog (by melinda [MD]) Posted on: Jul 3, 2019 8:29 PM
Message:

I predict that a lot more landlords will simply no longer accept dogs. Too much nonsense with these supposed emotional support dogs. --24.233.xxx.xx




emotional support dog (by Nellie [ME]) Posted on: Jul 3, 2019 8:47 PM
Message:

Melinda MD It is not a matter of choosing whether or not to accept dogs. If the tenant has a “need” (valid or not in our perspective) then you have to accept it. Without any of the additional fees that we usually charge. --70.20.xx.xxx




emotional support dog (by David [MI]) Posted on: Jul 3, 2019 9:12 PM
Message:

No worries, just adopt a religious belief that man and beast shall not reside under the same roof. Freedom! --50.4.xxx.x




emotional support dog (by opm [OR]) Posted on: Jul 3, 2019 10:03 PM
Message:

David.. and the Fair housing office will call to ask what religion --162.247.xx.xx




emotional support dog (by David [MI]) Posted on: Jul 3, 2019 10:09 PM
Message:

That's the great part of the 1st amendment, the government can't limit to certain religions . Start your own --50.4.xxx.x




emotional support dog (by AllyM [NJ]) Posted on: Jul 4, 2019 9:20 AM
Message:

So keep asking her for the pet deposit. It's money in your pocket. Don't be stupid. Get the money. Dogs are emotional support whether a doctor says so or not. If you make her get rid of that dog she will move and you will have an empty apartment again. --173.61.xxx.xx




emotional support dog (by Drew [CO]) Posted on: Jul 4, 2019 9:36 AM
Message:

Carol, as Nellie, opm, and others here are saying. None. (Rights) It is becoming more and more widespread. Now when I have a vacancy, a good chunk of all callers when asked if they have a pet will say, "none, well just an ESA(or 2!)." Buckle up. --172.58.xx.xx




emotional support dog (by Ken [NY]) Posted on: Jul 4, 2019 11:54 AM
Message:

Ally,you cant charge extra for an emotional support dog,just jack up the rent as high as you can and accept the fact that you may get a dog you don't want,this is where the in home inspection would come in handy,if they have wrecked the current residence you don't have to take them --72.231.xxx.xxx




emotional support dog (by Doogie [KS]) Posted on: Jul 4, 2019 11:58 AM
Message:

Please do not take AllyM's advice and ask for a pet deposit. You could find yourself in court for that (and will lose). They have presented a letter from a doctor stating a need. As the rest have stated, there is little you can do. At this point, you can only continue to inspect for damages, fix and bill for them. When the lease is up, you can also choose to non-renew them if you wish. They are allowed to have the dog at this point, they are not free from any damages the dog causes.

I hope this works out for you. Hopefully no damages and everything ends up being good. Good luck! --68.102.xxx.xx




emotional support dog (by John... [MI]) Posted on: Jul 5, 2019 9:06 AM
Message:

As others have said, don't take AllyM's advice -- it is illegal.

Also, be VERY careful talking OPM [OR]'s advice. What he quoted is from a SPEECH given by one of the HUD directors at a conference. If you read or heard the entire thing, you'll see that he states that they are HOPING to release new "guidance" on that in the future, but it is not yet available and may not be for quite a while because they continue to get push-back on it.

His speech is not the law and is also not even official guidance from the government on this.

Also, he was talking about the fact that there are illegitimate online places to get forms -- but also acknowledges that not ALL of them are bad. Therefore, denying based on them being from an online source is not acceptable even if this guidance is officially released one day. It will just detail more ways to VERIFY that information.

In any case, it sounds like this tenant has given you the required documentation. As others have said, there isn't much you can do at this point. You CAN require that the dog be behaved and not a nuisance, of course. They must clean up after it. It must not bark uncontrollably if it bothers other tenants. They are still responsible for any damage that it causes (even though you can't get an extra deposit or any fees for it up front).

- John...

--67.209.xxx.xx




emotional support dog (by Barb [MO]) Posted on: Jul 5, 2019 11:06 AM
Message:

Carol,

John and I are kind of the resident experts on assistance animals. I actually have a trained service animal, and my team training (where the handler learns to work with their dog) included some training on what I should expect to provide a housing provider, as well as ADA access.

Since you have received a letter from a mental health provider, you have to allow the dog. It is legally an "assistance animal" under the Fair Housing Act (FHA). This assumes you are subject to the FHA, and have four or more rental units or that you own/manage them in other than your own name.

Oh, and don't use your full name on this board. Use initials, just your first name, or nick-name.

Anyway, assuming you are subject to the FHA, you are required to allow the assistance animal, in this case the ESA, once you receive the letter from the health care provider. That letter should be on office letterhead, should include the providers license number, and should state that the individual is under the care of the provider. It should also state that the individual has a disability and requires the assistance animal in part to mitigate the disability or as part of a mental health treatment plan. You can ask for an updated letter each year. I don't accept a note on a Rx pad that says "resident needs dog for anxiety". That is not enough. It needs to rise to the level of a disability, a letter from the provider, and an animal agreement.

You can require a vet record be provided that demonstrates the animal has had all state and local requires vaccines, but in many places this only means rabies.

You can require the resident have renters insurance as long as you require it of all of your residents. You cannot single out the dog owner. If you don't already require renters insurance, it is time to start!

Now, not in the law, and not tested, you may be able to require the dog be on a flea preventative. You can require your resident sign your animal agreement, in which they agree they are responsible for the cost in the event the home develops fleas. If you've been to the Landlording Boot Camp, there is a great animal agreement as part of the forms you get at boot camp. If this is a multi and this is the only resident with an animal, you can explain that they will be responsible in the event the structure gets a flea infestation.

I have an 8-plex. I recently had an issue with fleas. The first thing I did was email all of my residents with animals and request proof their animal was on a monthly preventative. They both had that proof. Turned out the fleas were in the yard and being spread by a local groundhog. So, we had to cover the cost of treating the structure and the yard. $350, but well worth it.

What other questions do you have? --131.151.xx.xx




emotional support dog (by 6x6 [TN]) Posted on: Jul 5, 2019 1:56 PM
Message:

Barb, I was thinking someone mentioned before that If you owned 3 units or less you were not subject to the FHA. Thank you for bringing that up again and verifying what I was thinking I remembered.

Just to make sure I am clear, Since I only have 1 sfh, then that means I would not have to accept any animals or even if it is an ESA or Service Animal then I could still charge a fee and higher rents,right?

--73.120.xx.xxx




emotional support dog (by Barb [MO]) Posted on: Jul 5, 2019 3:34 PM
Message:

6x6 - under federal law, you would not be subject to the FHA. Some cities and states are more strict. --131.151.xx.xx




emotional support dog (by 6x6 [TN]) Posted on: Jul 5, 2019 4:20 PM
Message:

Thank you Barb --73.120.xx.xxx




emotional support dog (by WMH [NC]) Posted on: Jul 5, 2019 4:38 PM
Message:

We live in a private home with an apartment downstairs. We are not subject to federal Fair Housing Rules either because we live here and it's not really a legal duplex.

BUT be careful, 6x6. Even though you legally can discriminate, you can't ADVERTISE that you do. Your ads must still be non-discriminatory. --50.82.xxx.xx




emotional support dog (by AllyM [NJ]) Posted on: Jul 6, 2019 1:10 PM
Message:

OK, you asked for the deposit first. I think you are entitled to that deposit as the dog did not become an emotional support animal until after she moved in. Check with a lawyer. She committed fraud by not advising you about the dog. Have something with the dates on it. You had no idea it was an emotional support animal and it was her mistake not to advise you up front. Fraud. --173.61.xxx.xx




emotional support dog (by Barb [MO]) Posted on: Jul 6, 2019 2:09 PM
Message:

Ally, stop providing illegal info. --64.251.xxx.xxx




emotional support dog (by John... [MI]) Posted on: Jul 6, 2019 3:45 PM
Message:

She doesn't care. She literally does it all the time on here. Repeatedly. She's convinced she's right and the rest of us are fools, apparently.

Don't worry, if it becomes a legal issue for her, she'll call her friend at the CIA and he'll take care of things...

;)

- John...

--96.40.xx.xx




emotional support dog (by John... [MI]) Posted on: Jul 6, 2019 3:46 PM
Message:

Side note: Of course it would never come to that since someone's dead relative would warn her first, of course.

--96.40.xx.xx




emotional support dog (by 6x6 [TN]) Posted on: Jul 6, 2019 5:14 PM
Message:

Thank you WMH. --73.120.xx.xxx




emotional support dog (by Barb [MO]) Posted on: Jul 6, 2019 6:18 PM
Message:

6x6,

So long as you own that one house in your own name, and self manage it, you should be in the clear. Don’t advertise any specifics regarding the tenant you seek, or reject, other than for financial reasons, like, must make 3 time rent monthly, etc.

For choosing a tenant, you would eliminate people by saying, “I just don’t think you and I will be able to work this out”

If someone were to claim an ESA shortly after moving in and say you had to accept it, that is when you can say, “No, I don’t have to accept it” and either charge extra for the animal or tell them no animal at all. --64.251.xxx.xxx




emotional support dog (by 6x6 [TN]) Posted on: Jul 6, 2019 7:35 PM
Message:

Thank you Barb. --73.120.xx.xxx




emotional support dog (by mike [CA]) Posted on: Jul 13, 2019 5:02 PM
Message:

good lord ally, support animals ARE NOT PETS and so cannot be subjected to PET deposits. this is likely true in ALL states. caklif has recently gotten tough on the abusers of the fake claims

ignore the dog and just enforce ALL other lease terms strictly

late fees

yearly max rent raises

inspections WAY more than you might otherwise, tag for damages mercilessly

when the lease expires advise that she is on a month to month and deny a new long term lease...when she asks why tell it is so you can raise rent and change terms as you see fit. --76.176.xxx.xxx




emotional support dog (by mike [CA]) Posted on: Jul 13, 2019 5:02 PM
Message:

good lord ally, support animals ARE NOT PETS and so cannot be subjected to PET deposits. this is likely true in ALL states. caklif has recently gotten tough on the abusers of the fake claims

ignore the dog and just enforce ALL other lease terms strictly

late fees

yearly max rent raises

inspections WAY more than you might otherwise, tag for damages mercilessly

when the lease expires advise that she is on a month to month and deny a new long term lease...when she asks why tell it is so you can raise rent and change terms as you see fit. --76.176.xxx.xxx




emotional support dog (by LisaFL [FL]) Posted on: Jul 13, 2019 5:26 PM
Message:

I would think you'd have a case to get rid of her being as she snuck the dog in which suddenly became an emotional support animal after the fact.

She's the one being retaliatory because she didn't get her way. --75.89.xx.xxx




emotional support dog (by JKJ [MA]) Posted on: Jul 13, 2019 9:15 PM
Message:

I agree with John, Barb, and others that say you need to accept it. Ally, unfortunately your dead wrong and going to get someone sued on here. It’s 1 thing to post something you think is correct then find out your wrong, it’s entirely different to KEEP posting advice that you have been told is wrong. Additional what’s important is they have what is legally required for an ESA, you may think they are lying, or you may know their lying, but they have what is legally required and what YOU think doesn’t matter as far as HUD is concerned --174.192.x.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: emotional support dog
Your Name:
Your State:

Message:
emotional support dog
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: