ESA
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ESA (by carl t chrzan [MI]) May 26, 2022 9:07 AM
       ESA (by Kim [TX]) May 26, 2022 11:31 AM
       ESA (by jonny [NY]) May 26, 2022 1:14 PM
       ESA (by Still Learning [NH]) May 26, 2022 1:51 PM
       ESA (by John... [MI]) May 26, 2022 4:36 PM
       ESA (by Bonanza [NC]) May 26, 2022 7:14 PM
       ESA (by Oregon Woodsmoke [ID]) May 27, 2022 12:29 PM


ESA (by carl t chrzan [MI]) Posted on: May 26, 2022 9:07 AM
Message:

is there a special form for ESA ?

is there limits if a dog continues to bark and disturbs other tenants?

Can you require liability insurance on the animal? for your protection.

any other requirements to include in the lease.

Located in Michigan --75.133.xx.xx




ESA (by Kim [TX]) Posted on: May 26, 2022 11:31 AM
Message:

Rules are changing, but there is one form you can require, that being a letter from a licensed Dr or therapist stating that the ESA is required. I don't accept anything off of the internet. You do have recourse for damages and/or disturbing other tenants. IF I were you I would document the incidents well. You cannot require any insurance, deposits or additional rent, etc. on the animal. I do add a clause stating that misrepresenting an ESA is a crime and will be reported. You can find language for that by googling.

--23.30.xx.xxx




ESA (by jonny [NY]) Posted on: May 26, 2022 1:14 PM
Message:

You can't require insurance on an ESA animal? I'll have to look that up. I didn't know that one.

I would "think" that you could and should (we require renter's insurance so why wouldn't you want to have that "upped" to include insurance on the animal too?). I know you can't increase or charge for the rent, deposits, etc though.

As for the barking or waste, etc. I would still require them to agree to our pet agreement (even though it's not a pet so I would probably change the wording to fit) but it's basic taking care of your animal (up to date on shots, licensed with the city/town, etc) and I would certainly state that if the animal ended up being aggressive to anyone or was barking or damaging the property ... that would be grounds for either "get rid of it or you all move out". Too bad. --69.201.xx.xxx




ESA (by Still Learning [NH]) Posted on: May 26, 2022 1:51 PM
Message:

Johnny, I thought you could require insurance and certain rules as long as you required the same for all pets/tenants, just not extra rent, extra deposits or different rules. --75.67.xxx.xxx




ESA (by John... [MI]) Posted on: May 26, 2022 4:36 PM
Message:

Be very careful of the advice you get when it comes to legal situations like this. Kim has some good comments above, but she also has some information that, in my opinion, is legally incorrect and could get you into trouble.

The rules really aren't changing and haven't changed in many years. New GUIDANCE was released, but it didn't change any rules at all. The law did not change.

Refusing to "accept anything off of the internet" will get you into legal trouble. They have made it very clear that proper documentation from many online sources absolutely is acceptable and valid.

She is correct that you can't require insurance for an ESA that is not otherwise required. (That includes requiring the tenant to get renter's insurance if you don't require it for all tenants.)

--67.209.xxx.xx




ESA (by Bonanza [NC]) Posted on: May 26, 2022 7:14 PM
Message:

Read the hud paper

search for FHEO-2020-01 --65.188.xxx.xxx




ESA (by Oregon Woodsmoke [ID]) Posted on: May 27, 2022 12:29 PM
Message:

If you require every one of your tenants to have insurance that includes liability insurance, then you can require the ESA owner to also have it. Otherwise, no, you can not require the ESA owner to have any special insurance that the others are not required to purchase.

Do an in-home inspection before accepting them. You are not required to accept an ESA that does damage, or that is dangerou, or that causes an ongoing disturbance. If the in-home inspection reveals damage, or stink, or poop not cleaned up, you can reject the applicant. If the ESA growls at you or snaps at you or at anyone else, you can reject the applicant. If the neighbors complain about the behavior of the ESA, you can reject the applicant.

I suggest that you don't tell the applicant any reason for the rejection beyond that they don't meet your written criteria. (unless it is the credit report and then you have to give them the credit letter). But make a note in your file about the problem with the ESA, just in case the applicant wants to cause trouble. --76.178.xxx.xxx





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