ESA automation (by Jason [VA]) Oct 6, 2022 11:15 AM|
ESA automation (by Scott [IN]) Oct 6, 2022 12:33 PM
ESA automation (by Ray-N-Pa [PA]) Oct 6, 2022 12:45 PM
ESA automation (by Jim in O C [CA]) Oct 6, 2022 12:46 PM
ESA automation (by RB [TN]) Oct 6, 2022 1:43 PM
ESA automation (by Hoosier [IN]) Oct 6, 2022 5:09 PM
ESA automation (by LordZen [MA]) Oct 6, 2022 6:29 PM
ESA automation (by 6x6 [TN]) Oct 6, 2022 8:32 PM
ESA automation (by plenty [MO]) Oct 7, 2022 8:33 AM
ESA automation (by Oregon Woodsmoke [ID]) Oct 7, 2022 10:13 AM
ESA automation (by John... [MI]) Oct 7, 2022 11:10 AM
ESA automation (by LordZen [MA]) Oct 11, 2022 7:29 PM
ESA automation (by Jason [VA]) Posted on: Oct 6, 2022 11:15 AM
Due to all the bogus ESA requests, I've finally taken my process a step further. Now if a prospect submits an application with any mention of an emotional support animal on it, my system will automatically send them an email letting them know that they must fill out my "request for accommodation" form (with a link). It also lets them know that their application will be marked as incomplete until that form has been submitted.
I've added verbiage from HUD's FHEO-2020-01, letting them know essentially if they're trying to use some bogus internet certification they won't get very far with me. I've also included a section they must acknowledge that lets them know we actively participate with HUD to prosecute all fraudulent animal claims and that, by itself, is a misdemeanor with up to a $750 fine. Which it is. . . In Wyoming. . . ( I didn't specify WHERE it was a misdemeanor :) ).
My form asks all the questions that HUD says that I can but makes them jump through extra hoops that lazy applicants just won't want to bother with. Win win.
" Documentation from the Internet
Some websites sell certificates, registrations, and licensing documents for assistance animals to
anyone who answers certain questions or participates in a short interview and pays a fee. Under
the Fair Housing Act, a housing provider may request reliable documentation when an individual
requesting a reasonable accommodation has a disability and disability-related need for an
accommodation that are not obvious or otherwise known.35
In HUDís experience, such
documentation from the internet is not, by itself, sufficient to reliably establish that an individual
has a non-observable disability or disability-related need for an assistance animal.
By contrast, many legitimate, licensed health care professionals deliver services remotely,
including over the internet. One reliable form of documentation is a note from a personís health
care professional that confirms a personís disability and/or need for an animal when the provider
has personal knowledge of the individual. " --172.58.xxx.xxx
ESA automation (by Scott [IN]) Posted on: Oct 6, 2022 12:33 PM
Jason, up to a $10,000 fine in Indiana.
ESA automation (by Ray-N-Pa [PA]) Posted on: Oct 6, 2022 12:45 PM
I do like your thought process and your method, but not specifically the message
I wouldn't site Wyoming statue unless the place you have is in that state. Being Fair Housing Compliant in one state doesn't mean you are elsewhere and co-mingling state laws could easily get picked apart by even a rookie attorney if you stumble across a tester.
It would be safe however to say, Fraudulent Animal Claims can and will be prosecuted to the fullest extent of the law by the owner and/or insurance carrier. --24.101.xxx.xxx
ESA automation (by Jim in O C [CA]) Posted on: Oct 6, 2022 12:46 PM
They donít enforce it in California because a lot of homelessness have pets. --174.243.xxx.xx
ESA automation (by RB [TN]) Posted on: Oct 6, 2022 1:43 PM
Where's John ? [MI] --24.183.xxx.xxx
ESA automation (by Hoosier [IN]) Posted on: Oct 6, 2022 5:09 PM
I like the way you are aggressively defending this.
My only suggestion would be to soften it a bit by stating that you are happy to have fully certified service animals...otherwise you might look like an animal hater lol.
Do you have an animal policy if they pay extra? --99.92.xxx.xxx
ESA automation (by LordZen [MA]) Posted on: Oct 6, 2022 6:29 PM
That is great Jason, really awesome --98.216.xx.xxx
ESA automation (by 6x6 [TN]) Posted on: Oct 6, 2022 8:32 PM
You are very creative with your process. --73.113.xxx.xxx
ESA automation (by plenty [MO]) Posted on: Oct 7, 2022 8:33 AM
Excellent process. Great feedback above. I believe your approach is awesome! --172.56.xx.xx
ESA automation (by Oregon Woodsmoke [ID]) Posted on: Oct 7, 2022 10:13 AM
I still do the phone call thing, but when someone tells me they have an ESA, I say, "I might not remember who I have spoken to, so be sure to remind me that you need to fill out the "Request For the Reasonable Accommodation of a Service Animal/ Emotional Support Animal" when you are filling out the rental application for yourself.
That stops almost all of them.
My request for a reasonable accommodation states that I will assist the district attorney to prosecute to the fullest extent of the law for any attempt to pass off a pet as a service animal emotional support animal.
The fullest extent of the law happens to be nil, but as far as it goes, I am willing to pursue it. I have not yet had any applicant continue after they get into the Request for the Reasonable Accommodation application form. --76.178.xxx.xxx
ESA automation (by John... [MI]) Posted on: Oct 7, 2022 11:10 AM
Sounds like a decent idea to me. Just a couple quick things to be safe:
1. I'm curious about the verbiage that you are adding about internet certifications. Are you just including the two paragraphs from HUD that you quoted above? Or are you adding something to that about internet certificates? Note that HUD does say that they are often valid even if you have not met the healthcare professional in person. So, for example, Zooom meetings with a doctor who then provides the documentation about the need for an ESA ARE allowed by HUD -- even if they have never met face to face (in person).
2. As others said, I would NOT quote law that applies to other states, but not yours to imply that it is illegal there. I think that is a risky situation that isn't worth it.
3. I think I might also change the wording -- depending on what it actually reads in your document -- that you "actively participate with HUD to prosecute all fraudulent animal claims". From what I gather, HUD doesn't prosecute anyone for such things -- so saying that you participate with them in prosecuting seems incorrect/odd to me.
4. Finally, and this is minor, but just something that I'd have second thoughts about... I'm not sure you can require a disabled person to use YOUR Request for Accommodation form like you state. If they submit their own proper Request for Accommodation that meets the legal requirements, then I think you'd have difficulty arguing that you denied them for not using YOUR specific form.
Just my 2c. I like the concept, but it is the details where it can get legally complex.
ESA automation (by LordZen [MA]) Posted on: Oct 11, 2022 7:29 PM