Emotional Support Pets (by Jan [IL]) Mar 31, 2021 6:50 PM|
Emotional Support Pets (by Allym [NJ]) Mar 31, 2021 7:02 PM
Emotional Support Pets (by T [IN]) Mar 31, 2021 7:22 PM
Emotional Support Pets (by Marcia [WI]) Mar 31, 2021 7:40 PM
Emotional Support Pets (by NE [PA]) Mar 31, 2021 8:09 PM
Emotional Support Pets (by Hoosier [IN]) Mar 31, 2021 8:18 PM
Emotional Support Pets (by DJ [VA]) Mar 31, 2021 8:25 PM
Emotional Support Pets (by don [PA]) Apr 1, 2021 2:28 AM
Emotional Support Pets (by razorback_tim [AR]) Apr 1, 2021 8:11 AM
Emotional Support Pets (by S i d [MO]) Apr 1, 2021 9:29 AM
Emotional Support Pets (by JB [OR]) Apr 1, 2021 12:15 PM
Emotional Support Pets (by Allym [NJ]) Apr 1, 2021 1:11 PM
Emotional Support Pets (by Allym [NJ]) Apr 1, 2021 1:25 PM
Emotional Support Pets (by Barb [MO]) Apr 1, 2021 1:50 PM
Emotional Support Pets (by Ray-N-Pa [PA]) Apr 1, 2021 2:50 PM
Emotional Support Pets (by Gene [OH]) Apr 1, 2021 3:23 PM
Emotional Support Pets (by T [IN]) Apr 1, 2021 5:50 PM
Emotional Support Pets (by Hoosier [IN]) Apr 1, 2021 7:52 PM
Emotional Support Pets (by Dave [CA]) Apr 2, 2021 4:54 AM
Emotional Support Pets (by Nellie [ME]) Apr 2, 2021 9:28 PM
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Emotional Support Pets (by Jan [IL]) Posted on: Mar 31, 2021 6:50 PM
We have a NO PET Policy in Lease.
Our complex has 60 plus units
We received notice from a tenant that has an ESA letter stating he qualifies for an emotional pet.
Can a landlord receive extra compensation for this pet?
Do we have to make this exception for a pet...
What if other tenants do not want the pet in their building...
Emotional Support Pets (by Allym [NJ]) Posted on: Mar 31, 2021 7:02 PM
Unbelievable that people can sign a lease and then "inform" the landlord that they are "entitled" to bring in a pet. I love dogs. They are my emotional support. They are funny and love me when no one else does and are so easily made happy with a bit of food. So cute. But they poop and pee and I am not sure that a prescription for a dog is a good thing. I think people should move if they need a prescription for a dog. That said, I would take one, a small one, if someone told me they needed one, because I NEED THREE. --108.24.xx.xx
Emotional Support Pets (by T [IN]) Posted on: Mar 31, 2021 7:22 PM
Assuming that a true MD wrote the Rx for an emotional support pet, then no fees at all.
But if its just a print off the internet job... deny away.
I believe there was a court case in Iowa on this situation. ESA in one unit, neighboring unit had a renter that was highly allegoric to dogs. Landlord tried different solutions to accommodate both.... all failed. Went to Supreme Court in Iowa, landlord lost because he didn't "protect" the existing renter (landlord knew about the allergy from the start). Here is the news article on it:
Emotional Support Pets (by Marcia [WI]) Posted on: Mar 31, 2021 7:40 PM
Can T please explain who the landlord lost to? Did he lose because he accepted the pet or because he accepted the pet because he felt he needed to and because of the renter with the allergies.
I also feel that there is a difference between an ESA and a "service animal." Correct me if I'm wrong, but it is my believe that the "service animal wins over an ESA. I currently have a vacant unit and have had several people "inquire" about the apartment stating they have an ESA. I haven't even moved forward past the email. Whether it is an ESA, service animal or just a pet, they still pee and poop in the yard and it is the tenant's responsibility to clean up after them. They also bark like any other animal and can disturb the other tenants or neighbors with barking. --50.235.xxx.xxx
Emotional Support Pets (by NE [PA]) Posted on: Mar 31, 2021 8:09 PM
I'd zip my lips, verify the dog. If legit, take the dog and keep your lips zipped. Then move the loser out asap for another reason. Let him whither away in someone else's unit. --70.44.xxx.xx
Emotional Support Pets (by Hoosier [IN]) Posted on: Mar 31, 2021 8:18 PM
Again I’m a broken record...
First off, you should NOT have a “no pets” clause, you should have a “no animals” clause. ESAs are a difficult subject and I think the rules will be applied differently in different areas....but at bare minimum you can make it difficult by requiring approval from a LOCAL physician and then have forms they need to fill out and liabilities they need to accept. --99.92.xxx.xxx
Emotional Support Pets (by DJ [VA]) Posted on: Mar 31, 2021 8:25 PM
Search for this topic on this forum. It has been discussed a LOT.
And do a google search, too - you must learn the laws before you shoot yourself in the foot.
But, basically:According to our wise legislators, there are different categories of animals.
1) Pets - you may charge an extra pet deposit, pet rent, and may prohibit them all together.
2) ESA - Emotional Support Animal - NOT a "pet", but an aid to the person's emotional well-being. You may NOT charge extra deposit or rent, and MUST allow it.
3) Service animal - NOT a "pet". A well-trained animal (typically dog) that performs a specific task for the owner that enables them to function better in daily life. It is a medical accommodation for a person with a different ability in some area. You may NOT charge extra deposit or rent, and MUST allow it.
Emotional Support Pets (by don [PA]) Posted on: Apr 1, 2021 2:28 AM
Hoosier--If you have a clause that says "No Animals," it had better be immediately followed with "except for service animals." --73.141.xxx.xx
Emotional Support Pets (by razorback_tim [AR]) Posted on: Apr 1, 2021 8:11 AM
I would recommend you read HUD FHEO Notice: FHEO-2020-01
Subject: Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under
the Fair Housing Act
Access the document at www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf --70.178.x.xx
Emotional Support Pets (by S i d [MO]) Posted on: Apr 1, 2021 9:29 AM
Short answer: ESAs (Emotional Support Animals) are NOT pets. No, you cannot prohibit them with a "No Pets/Animals" policy. No, you cannot charge extra deposit. No, you cannot charge extra rent. No, other tenant's wishes for no pets doesn't create an exception.
Longer answer: I'm worried that you own 60 units and have never had this happen and don't know the pertinent laws regarding ESAs. If this ignorance isn't remedied very soon, you can and probably will get fined for violating both Federal Fair Housing law and the Americans with Disabilities Act. Get educated on these topics TODAY! --107.216.xxx.xxx
Emotional Support Pets (by JB [OR]) Posted on: Apr 1, 2021 12:15 PM
You have a 60 unit building and have not had this come up until now? That is amazing!
One thing you can count on. Once one person brings in an ESA to a NO PETS building, you can bet that you will be getting a bunch more soon as well. Tenants talk.
T1: "Hey, how come you get to keep a pet?"
T2: "Oh, I just get someone to sign an ESA letter saying I need it for anxiety or depression. Easy, peasy! Plus they can't charge me a penny for having it. And the LL has to take it, even in a building that says, 'NO PETS'. It's awesome."
T1: "That sounds great! Can you give me the name of someone who can help me get that ESA letter?"
T2: "Sure. Tell him I sent you."
Emotional Support Pets (by Allym [NJ]) Posted on: Apr 1, 2021 1:11 PM
I wonder if using an animal for "emotional support" is cruelty. Crazy people behave badly toward humans and I wonder if that happens to their animals. Lots of dogs in not so good condition on the Lost and Found Facebook page I belong to locally. --108.24.xx.xx
Emotional Support Pets (by Allym [NJ]) Posted on: Apr 1, 2021 1:25 PM
OK I read this and you should too and save it. It's more clear than the usual info. Two questions are important: 1. Is this animal required due to a disability? Yes answer means it is a service dog and don't ask what disability is.
2. What work has the dog been trained to perform? No work. it's a pet.
Problem is that the people at the local office may not be up on or interested in the rules from HUD and cost you a court case anyway. --108.24.xx.xx
Emotional Support Pets (by Barb [MO]) Posted on: Apr 1, 2021 1:50 PM
Ally is wrong. She is referring to the ADA/DOJ guidance for service dogs in public spaces.
Razorback Tim has pointed you to the correct guidance from HUD and the Fair Housing Acr.
Generally, they need to APPLY for a accommodation due to disability. You can ask for documentation that the person actually has a disability due to mental health as diagnosed under the the criteria in the DSM.
We require a letter from their TREATING mental health provider on practice letterhead stating they have a mental health disability. The provider needs to be licensed in the state we are in, or an adjacent state since some of our residents (students) have a permanent residence in a nearby state.
If I can google the name of the “practice “ and get a bunch of ads that say “take your dog anywhere” then I am highly suspect.
Note, I’m a service dog partner and stay VERY up to date on these laws through multiple sources. --67.43.xxx.xxx
Emotional Support Pets (by Ray-N-Pa [PA]) Posted on: Apr 1, 2021 2:50 PM
What exactly is an emotional support pet?
If you are not an emotional support pet does that mean you have cause you like picking up its poo? Or does it mean you are allowed to kick it?
Face it - all pets are emotional support whether called ESA or not. We love our animals. So just raise rent include two free pets and tell everyone to get renters insure naming the owner as additional insured interest --24.154.xx.x
Emotional Support Pets (by Gene [OH]) Posted on: Apr 1, 2021 3:23 PM
For an ESA, I believe you can still screen the animal for behavior (aggressiveness, constantly barking) and for damage, etc. This is where an in-home visit of the prospective tenant lets you know if the ESA is aggressive, loud, has damaged the property, and even if the tenant's current place smells which are things you should be able to deny for. Maybe some other landlords can help with this side of the issue. --149.19.xx.xx
Emotional Support Pets (by T [IN]) Posted on: Apr 1, 2021 5:50 PM
Marcia- landlord lost to the allergy renter. They sued. landlord felt he was between two rocks. He says no to the ESA, Fair Housing comes in. He says yes, "allergy renter" is not being protected. No win situation. Supreme Court ruled on "allergy renter" side. --76.77.xxx.xxx
Emotional Support Pets (by Hoosier [IN]) Posted on: Apr 1, 2021 7:52 PM
Don, yes...I do allow service animals...as a matter of fact I allow many animals...nearly all our properties have animals. My lease does not say "no animals", but the OP asked about this so my answer was directed at THEIR situation, not mine.
IF I had a "no animals" policy, I would word it something like...
"No animals permitted except where acceptance is required by law" --99.92.xxx.xxx
Emotional Support Pets (by Dave [CA]) Posted on: Apr 2, 2021 4:54 AM
OK,.....here we go.......
LL requires renters insurance
Tenants wishing pets or esa's / sa's are required to maintain renters insurance with DOMESTIC ANIMAL LIABILITY coverage.
LL notifies LL insurance carrier of animal and requests endorsement on LL policy and umbrella . Yeah,......right ,....good luck with that (generally).
Tenants service / ESA animal is on the PROBLEM BREEDS LIST,....so no coverage there.
..........can applicant with problem breed service / ESA animal be declined / evicted. .?? --172.250.xx.xxx
Emotional Support Pets (by Nellie [ME]) Posted on: Apr 2, 2021 9:28 PM
Dave, to answer your question regarding breeds. No, you can’t deny an ESA based on breed. And even though my insurance lists that breed on their list of no no breeds, they couldn’t/wouldn’t tell me no. They are are stuck with the ESA, too. --70.20.xx.xx
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