I have someone interested in one of our rental that has an emotional support pit bull. Sent me his ID card and is threatening a lawsuit because I stopped answering his texts. We do accept pets but not pits. What is the federal law on this? I know a lot of insurance companies won't cover liability insurance with a pit bull. Seems like a no win situation. --45.42.xx.xx

As with any support animal, I want to make sure it is with the person ALL the time-goes to work,grocery shopping,etc. If not, I have issues with it. I believe people have emotional/physical issues all the time-not just when they are at home resting. --73.230.xxx.xx

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Did he actually apply or just interested? Is he trying to push the animal on you by basically saying you have to accept? --73.230.xxx.xx

If it’s a legit ESA you CANNOT reject due to breed, to claim financial hardship due to your insurance policy being canceled, you would need a letter from your insurance company saying that they are canceling due to that specific animal, AND that you informed them it was a legal ESA, (which as I understand you will NEVER get. You CAN require a LMN, and current vet records showing it’s up to date on it’s vaccines. Screen X 3 and deny for another reason. Did you screen them, if not why, if yes then is there a legal reason to reject them? If you have a legal reason to reject them, tell them you’re sorry but unable to approve their application at this time, if they ask why, tell them company policy is all requests must be in writing, they need to mail you the request and include a self addressed postage paid envelope to your PO Box. That’s how I handle the “why did you deny me” question now after it was suggested on here. --72.93.xxx.xx

What does a lawyer usually advise? Probably, "keep your mouth shut." Same goes for your fingers. I think stone silence would be best. If it's a Fair Housing tester, good luck. If not, odds are they are threatening but likely won't follow thru. --107.216.xxx.xxx

require a $5m certificate of insurance due to it being a recognized dangerous breed and automatic violation of lease if policy cxl’d b4 lease expiration (?) --70.119.xxx.xxx

but I think a renter applicant who has a pit bull & already giving you grief can probably flunk the requirements anyway: minimum credit score, on time payment history, no evictions, no criminal record etc...(?) --70.119.xxx.xxx

Just prove the lies. --50.107.xxx.xxx

To my knowledge there is no such thing as a legitimate “card” for an ESA. People get these online. Request a letter of medical necessity from their medical provider that they have been seeing for at least 6 months. Call your insurance company and ask them what their policy is on ESA pitbulls. (You will probably find that they will tell you they will not cancel if the tenant provides the required documentation. That is what happened to me.) Good luck. We ended up with students with an ESA pit bull when they brought it back from summer break. They were not stellar tenants. , --71.168.xx.xx

If, for some crazy reason, "housing" in your area contacts you, you approved a different applicant. --64.251.xxx.xxx

Thanks for all the replies! He contacted me through text and the whole conversation was 10 minutes long and I stopped texting 3 minutes in.... to consult my lawyer before proceeding. So just an inquiry, no application. Just trying to bully himself into an argument. She suggests requiring doctor proof in writing for the animal and also says can deny for financial hardship of not finding an insurance company to insure. So I will invite to apply with more than the card he texted me and get something in writing from my insurance. I am hoping it will sort itself out... --45.42.xx.xx

And if he passes the screening process and insurance will cover him then why not rent... other than having to explain to the rest of my renters why he has a pit bull when we have a not aggressive dog breeds policy.... --45.42.xx.xx

Go for it. --184.53.x.xxx

If he is just inquiring, then if he actually applies you will probably have plenty of reasons to deny such as uncooperative. I bet you would also find evictions. --73.120.xx.xxx

I understand the constraints on LL's but I'm not sure how far others have to go to accomodate these fake service pets. If someone has an allergy or phobia to pit bulls or any animals, should they be forced to pay money to suffer such abuse? These are issues that need to be addressed by legislature, not by unelected alphabet agency "policies." --47.216.xx.xxx

I would have to do something more drastic before I would let one of those in my building where there are other dogs. I would reply thusly. Thank you for your texts. I have been out of town. Unfortunately thee was a small fire in the unit while I was away and it will require some painting and wall board replacement. I will keep your texts and, when the repairs are completed, contact everyone who has replied with an interest in the unit. OK that's what I would say. I would then pull the advertising and wait two months before readvertising and I would make the place look so different int he photo ads this person would never recognize it. I would up the price and make sure there is something in my criteria that would prevent this person from qualifying for some other reason. I would also ask my current tenants to suggest someone so I did not have to advertise at all. A dog like that would definitely bit and or kill one of your other tenants dogs. --173.61.xxx.xx

The last few argumentative people that inquired via phone or email about a rental, I responded by saying, "when you sober up, re-submit any legitimate questions". I didn't call them drunk, they were just intoxicated and belligerent -- so I surmised. --47.156.xxx.xxx

Any interested applicant who threatens to sue me will never even step foot in the home to see it. I do not advertise the address , just the street intersection. --71.10.xxx.xxx

--67.209.xxx.xx

The “ house had a fire” could work, nobody implied you had to lie. Just set it on fire first and nobody can call you a liar..... just kidding. --71.10.xxx.xxx

On the contrary. I had what I think was a tester contact me about a second floor unit. He sounded nasty and unfriendly and said he was a single father with triplet boys age 3. Now that property is huge, expensive and has a wide open stairway and would be not suitable for three year olds to run around and tumble down the stairs. I suspected he would not qualify financially but I sent him an application which I never received back and took it off the market immediately by putting up a for sale by owner sign on the front lawn and then continued to rehab it without advertising it again for awhile. I choose to lose a few bucks now and then rather than pay a lawyer. --173.61.xxx.xx

I replied back " I am checking with my insurance company for coverage. You can apply at..... We will also need a signed letter from your doctor for your service animal in addition to the photo of your card" I haven't heard back yet. I did email my insurance and she will get back to me today. If not I will call. The advantage of a small town and small company I can most likely get some sort of reply from them. The disadvantage of a small town is he will probably know if I am lying about the house on fire. ;) I also don't want to wait too long to fill this one. It is my kid's first rental and he would like more money coming in before his bills are due. Just not going to saddle him with a headache. --45.42.xx.xx

Can you deny someone for being argumentative? Or threatening to sue? I suppose you could if you put it in your criteria.... Proof would be in them actually suing right? --45.42.xx.xx

--99.203.xx.xx

Shotgun, you first said ESA, now you’re saying “Service Animal” which is it? I ask because the laws are slightly different for each regarding what you can ask for. --174.242.xxx.xxx

Jkj.... emotional support. I misspoke. --45.42.xx.xx

Personally I think this prospect was just trying to bully you and you most likely won’t hear from him again. He has probably come to realize how hard it is to find a LL that will accept a pit bull and is desperate. My reason for thinking that is, a person that legitimately needs an ESA, (and some do) would know 100% that they need to show the LL their LMN from the doctor and are not going to waste their time telling you that they have a registration ID card for it, knowing those are totally BS. And take plenty’s advise, don’t educate prospects on what is legally required of them, let them keep submitting bogus ID cards etc, then you just don’t process the application because of incomplete paperwork, just make sure your screening criteria lists “incomplete application/missing paperwork” as a reason to DQ. Telling them what paperwork is needed is like giving answers out before a test, what’s the point. --174.242.xxx.xxx

You can deny someone for being argumentative. You can refuse to show the home to someone who threatens to sue you. John is 100% correct when he says that denying them for being a PITA ( by threatening to sue you) in response to the ESA could be seen as discriminatory. That’s why if it ever went to trial you would request a jury. Twelve people sitting on a jury will never see it that way. The public is just as sick of this ESA nonsense as we are and nobody likes a bully. I have showed homes to applicants to ESAs. I have never showed one to an applicant ( protected class or not) who acted like an a$$hole. That is in my written screening criteria. I have no doubt this applicant background check would make him an unlikely candidate anyway. --71.10.xxx.xxx

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--67.209.xxx.xx

OK.... then bet your farm against the personal injury lawyer. --71.10.xxx.xxx

I agree with John,I doubt most people even know what an esa is nevermind the abuse but they probably all hate landlords for the most part.Easier to deny for another reason than the dog.I doubt he was a tester,i would assume they are either smart enough or taught not to pick a fight --104.229.xxx.xxx

I guess I’ve just had a lot more experience with actual lawsuits...and not as the one being sued. And ( just throwing it out there) I have several ESAs in my rentals- but not one tenant who threatened to sue me. --71.10.xxx.xxx

be in our rights to ask for proof just like we get to know a prospect's employment and former landlord business. Then, we just have to find something else to disqualify them for. --24.252.xxx.xxx

Honey ^^^ yes! This! --71.168.xx.xx

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--67.209.xxx.xx

John, Thank you for clarifying that more. I think you are right in that the tendency is to focus on the animal and it should be focusing on the person. Every time this topic is discussed it gets a little more clear for me so I appreciate the time you and others take to explain it. I think the biggest thing that gets everyone off track is that there is so much fraud with this and it cost us potential rent and possible damage to our property that it has some psychological effect on us that gets us focusing more on the animal. I may be wrong on that but it is just a thought. --73.120.xx.xxx

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--76.176.xxx.xxx

Mike I actually agree with you, pit bulls are not recommended by ADI (Assistance Dog International) or most of the major SD organization. The following are portions taken from the websites of ADI, Handi-dogs inc, and Clear Path for Veterans, 1) Decide what is more important to you -- having a service dog to help you, or having a particular breed because you want to be a breed advocate. 2) Guarding, protection and fighting breeds are poor choices because many handlers with disabilities are not able to physically restrain them. 3) Pit bulls do not show temperament until adulthood, about the age of two. If one year in training has already been invested and that dog "defaults" to its hereditary breed traits -- dog aggression -- it becomes unusable. 4) Pit bulls and bully breeds create a social barrier instead of a neutral bridge between a disabled person and the community. Getting a service dog or emotionally support animal is supposed to be about making your life easier not more difficult. But......... there actually are legitimate service animal organizations that train not only pit bulls, but exclusively pit bulls. They are “Pits for Patriots” and “ The Animal Farm Foundation’s Assistance Dog Training Program”. Unfortunately I see this becoming worse before it gets better. The laws are very convoluted, and the abuse is rampant. I’m a combat veteran, I can understand the need for a vet with PTSD, or anyone for that matter with a legitimate need, to have a ESA/SD. However, I don’t understand why they would choose this breed. I honestly feel they fall into 2 groups, those that are abusing the ESA/SD laws, and those that have a disability, but are using their disability as an opportunity to advocate for the breed. I think 1 of the quotes above sums it up quite well, “Pit bulls and bully breeds create a social barrier instead of a neutral bridge between a disabled person and the community. Getting a service dog is supposed to be about making your life easier not more difficult“ --72.93.xxx.xx

I found something else that was interesting. Tia Torres, the owner of Villalobos Rescue Center and the TV show “Pit Bulls and Paroles” released this statement back in 2017 . “ We will not adopt our dog to you, if your plans are to make it a "service dog". With too many people fraudulently obtaining "service dog vests" or fake "service dog trainers", we do not want our dog put into a situation that he/she may not be qualified for”. Now that’s from a woman that has spent her life rescuing this specific breed, that speaks volumes in my opinion as far as whether this breed is suitable as a SD/ESA! --72.93.xxx.xx

Unfortunately the law is the law, so until the day comes when politicians wake up and LL’s are not forced to accept this breed under the ESA/SD laws, we all need to screen X 3, and deny the applicants not the Pit Bull. --72.93.xxx.xx

They are all breeds that are used to working with human partners and were bred specifically for working with human partners All were originally hunting dogs. All have a drive to work and retrieve. --64.251.xxx.xxx

--107.77.xxx.xxx

Chris thanks. I will add that in my file as an extra form to fill out. --76.75.xx.x

Now we're talking! I've been begging someone to explain to me and everyone of us what was "an emotional pet" since all this business began to surface. Sure, we all know and respect the "service animals" and their owners. But we heard it from a LAWYER. John, you are a lawyer, right? Thank you, thank you, thank you. It's the frauds and the scams that make us suspicious. I think I have a better view-a better felling going forward. This is a wonderful vehicle for exchanging ideas and discussions. Thanks again to all of you. --24.252.xxx.xxx

--67.209.xxx.xx

It is entirely possible that a pit bull will be a good dog, until the day it is not, sadly. Still, you CANNOT rule out a person just because they have a pit bull, particularly if they have that all important letter of medical need from their treating provider. --64.251.xxx.xxx

5. I am not the only one frustrated with this subject! Thanks for all the thoughts and education on dog breeds, ESAs etc! --45.42.xx.xx

Again, I am not giving legal advice, just sharing what I was told. --107.77.xxx.xxx

They recently fined a therapist writing letters based on no patient relationship- just completion of an online survey. I believed they were fined $1000 for two incidents. If only that became as widespread as the fraud. --75.89.xx.xxx

THE FRAUDULENT SALE AND ISSUANCE OF “EMOTIONAL SUPPORT ANIMAL” LETTERS --75.89.xx.xxx