ESA Animal
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ESA Animal (by MMIT [VA]) May 21, 2024 4:43 PM
       ESA Animal (by NE [PA]) May 21, 2024 5:56 PM
       ESA Animal (by Bonanza [NC]) May 21, 2024 6:14 PM
       ESA Animal (by 6x6 [TN]) May 21, 2024 7:02 PM
       ESA Animal (by BRAD 20,000 [IN]) May 21, 2024 8:19 PM
       ESA Animal (by Scott [IN]) May 22, 2024 6:59 AM
       ESA Animal (by S i d [MO]) May 22, 2024 8:31 AM
       ESA Animal (by Scott [IN]) May 22, 2024 11:02 AM
       ESA Animal (by Bonanza [NC]) May 22, 2024 11:23 AM
       ESA Animal (by DJ [VA]) May 22, 2024 2:48 PM
       ESA Animal (by OREO [WI]) May 22, 2024 6:06 PM
       ESA Animal (by Jim [CA]) May 22, 2024 7:36 PM
       ESA Animal (by 6x6 [TN]) May 22, 2024 8:03 PM
       ESA Animal (by John... [MI]) May 22, 2024 9:39 PM
       ESA Animal (by Teresa [MO]) May 27, 2024 6:56 PM
       ESA Animal (by Ray-N-Pa [PA]) May 29, 2024 8:19 AM
       ESA Animal (by John... [MI]) May 30, 2024 9:03 AM

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ESA Animal (by MMIT [VA]) Posted on: May 21, 2024 4:43 PM

What is a legitimate ESA animal?

What documentation is required?


ESA Animal (by NE [PA]) Posted on: May 21, 2024 5:56 PM

Letter of medical necessity. Get ready to play whack-a-mole. Most are fake.

ESA Animal (by Bonanza [NC]) Posted on: May 21, 2024 6:14 PM

1. A written request for a support animal as a reasonable accommodation.

2. Evidence from your healthcare provider of a disability and that you have a disability-related need for an assistance animal.

Do a google search for FHEO-2020-01

It should be the first thing that comes up.

Read it.

Page 12 has this information

Information Confirming Disability-Related Need

for an Assistance Animal. . .

• Reasonably supporting information often consists of information from a licensed health care professional – e.g., physician, optometrist, psychiatrist, psychologist, physician’s assistant, nurse practitioner, or nurse – general to the condition but specific as to the individual with a disability and the assistance or therapeutic emotional support provided by the animal.

• A relationship or connection between the disability and the need for the assistance animal must be provided. This is particularly the case where the disability is non-observable, and/or the animal provides therapeutic emotional support.

• For non-observable disabilities and animals that provide therapeutic emotional support, a housing provider may ask for information that is consistent with that identified in the Guidance on Documenting an Individual’s Need for Assistance Animals in Housing (*see Questions 6 and 7) in order to conduct an individualized assessment of whether it must provide the accommodation under the Fair Housing Act. The lack of such documentation in many cases may be reasonable grounds for denying a requested accommodation.

ESA Animal (by 6x6 [TN]) Posted on: May 21, 2024 7:02 PM

Depends on who you ask?

ESA Animal (by BRAD 20,000 [IN]) Posted on: May 21, 2024 8:19 PM


I added this phrase to my application and ESA requests have dropped to .0000000000000000001%.

Also, our local Fair Housing Director will review any support animal docs. She does not like fakers. This takes the heat off the LL.


List animals_______

Important info ______

Please note: By state law, misrepresenting a service animal is FRAUD, punishable up to $5000 fine and possible jail time.

ESA Animal (by Scott [IN]) Posted on: May 22, 2024 6:59 AM

Follow Bonanza's advice, except that the request for reasonable accommodation does not have to be in writing. FHEO-2020-01 clearly states that it can be verbal.

ESA Animal (by S i d [MO]) Posted on: May 22, 2024 8:31 AM

While what Scott says is true that the request doesn't have to be in writing, there would have to be something to prove it was ever made, be that a text message, a voice recorded conversation, a reliable witness, etc. Otherwise, I follow my lawyer's advice: if it's not in writing, it never happened.

Court in session.

Judge: "Did you make a request for an ESA accommodation?"

Tenant: "Yes, I told them I needed it."

Judge: "Do you have any proof?"

Tenant: "No, I just asked verbally."

Judge: "Did this tenant ever ask you for an ESA accommodation?"

LL: "No."

Judge: "Without any evidence, the court finds in favor of the defendant. Next case."

That's how it SHOULD go, but the judge is the king/queen of the court, so I always, always, always document. Even if they SAY something, I will always respond (verbally), "Can you please put that down in writing so I am clear on exactly what you're requesting?" Our lease stipulates that all communication regarding lease issues or notices must be in writing. Failure of the tenant to comply with that would be evidence in my favor that the request was never made properly. Evidence...not proof. But in courts, evidence is what I need.

Brad's "warning" on his application is good, even though it doesn't address ESAs. Many applicants don't realize there's a difference between a service animal and an ESA, so this warning still stings their conscious enough not to try it.


ESA Animal (by Scott [IN]) Posted on: May 22, 2024 11:02 AM

Sid, you are splitting a legal hair by asking a tenant to "put it in writing" after receiving their verbal request for reasonable accommodation. HUD says the verbal request is enough, though they caution that it should be in writing to protect the tenant, not the LL.

If your courtroom scenario were to happen, absent any concrete evidence, I think a judge is more likely to side with the tenant.

Speaking for myself, I'm not going to play a game that is biased against me. I will always accept a verbal request and work on other ways to disqualify the ESA, or make it pay.

ESA Animal (by Bonanza [NC]) Posted on: May 22, 2024 11:23 AM

I qualify the people and worry about the animals later.

Usually the ones that say the have an ESA do not go through the steps on the people application and I rarely ever have to go to the animal side of it.

the one ESA tenant I have, had no issues with providing the request in an email with a copy of the doctors letter. I've met the kid and she's something special. Request approved. No issues on my end.

The mom is OCD clean. Changes filters every month and is great at maintaining the house.

ESA Animal (by DJ [VA]) Posted on: May 22, 2024 2:48 PM

Regarding verbal vs written for "anything".

If something is relayed to me verbally (like during maintenance inspection they point out something needing adjustment - or anything). "I" will put it in writing.

Email to them, saying basically " this is what you asked for & this is what I'm doing. If I misunderstood anything, let me know right away. Thanks" --96.3.xx.x

ESA Animal (by OREO [WI]) Posted on: May 22, 2024 6:06 PM

When I'm at a property for one thing or more, (i.e. sewer cleanings at properties-an all day task) and am ambushed by a tenant rattling off things that need doing, I'm not usually prepared to write things down because I'm following the plumbers lead, at his command.

Tenants have been instructed from day one to email things that need to be done or text if an emergency. For me, once I get that email, it's a scheduling task. Do we do it or farm it out. It keeps things organized and not forgotten.

If I am doing a maintenance inspection, I use a form of things to check and DO write down anything told to me as well for a followup visit for whatever is needed; that's what I'm there for. What I do not care for and will not do is fix something that is not scheduled simply because I am there. We're usually going from property to property taking care of scheduled work. --75.11.xx.xx

ESA Animal (by Jim [CA]) Posted on: May 22, 2024 7:36 PM

My $.02 is I believe 80% of ESA's are really pets disguised ESA's.

ESA Animal (by 6x6 [TN]) Posted on: May 22, 2024 8:03 PM

Jim, you could probably raise that percentage.

ESA Animal (by John... [MI]) Posted on: May 22, 2024 9:39 PM

I think we all know that at least that amount are fakes and just pets. The problem is making sure we still follow the law regardless of our guess that they are not in that tiny percentage of "real" ones.

I'd never deny based on the ESA. There is almost always another legit reason for people doing this.

ESA Animal (by Teresa [MO]) Posted on: May 27, 2024 6:56 PM

We have used and so far no one who has said they have an ESA has completed the process to verify that animal as a ESA. So, it seems to be working for us.

ESA Animal (by Ray-N-Pa [PA]) Posted on: May 29, 2024 8:19 AM

Create an Animal Application. This should give your insurance agent everything they need to know to write or not write a renter's policy on the property. Provide a copy of the credit report and the human and animal apps to your agent so they can load the data up in an accord file.

Then just mandate renter's insurance is required using the same agent that carries the fire policy on the place. The thought process? In the event of a fire, instead of having companies and agents go after one another spinning the facts - pitting the landlord vs the tenant, this allows the landlord and tenant to cooperate. That makes sense since you both suffered a loss. Does it matter whose loss is worse? Not really, lay the footwork so that costly law suites are stopped before they ever start. Having had a major claim (seven figures), the headaches can be taxing. Do you want to ad in attorneys into the mix?

ESA Animal (by John... [MI]) Posted on: May 30, 2024 9:03 AM

Teresa: So you take pets at your rentals and just need to weed out the ones faking ESAs to try to avoid your pet fees, I assume?

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