I have a tenant that now has informed me that they have a letter from their doctor stating that they need an ESA animal. The letter is from talkiatry dot com.

I did a quick search on it but it doesn't say anywhere on an of the searches about it being a legit source. There are A LOT of "ads" and "sponsors" about it though (which bothers me because I am thinking that the site might just be advertising a lot to get past any of the "real" things)?

Never heard of it, and I would be suspicious. A letter normally is all that's required, but any legit doctor is going to write that on office letterhead with normal information like address, phone number, etc so you can call to verify that this isn't a scam.

I just did the same quick search you did. It sounds like this service is a middleman that links seekers with providers. So the provider "should" be legit, but as above I'd expect to see the letter on official letterhead with a phone number and address.

Proceed with caution.

Have you seen the letter? You do not have to take the applicant's word for it.

Ask for the letter. Confirm. End of story.

I have the letter... it's in a pdf format which is fine. I was just asking if anyone has heard of it or had any thoughts on that provider (or whatever they are).

I've seen those "certificates" which are fakes from an internet ESA mill. I ask (not require) that they fill out a HUD Request for Reasonable Accomodation form. That usually acts as garlic to a vampire.

A growing trend.

Yes, it is an actual letter signed (electronically) by the doctor/ healthcare professional.

nyc.g0v/assets/hpd/downloads/pdfs/services/request-for-reasonable-accommodation-form-english.pdf

substitute "o" for "0"

Again, the "certificates" are ALWAYS fake, they need to have a letter from a practicing professional in the state of your residence.

You always say you "request" the HUD Request for a Reasonable Accommodation; do not say you "require" the form as you can get into trouble with that.

mapleaf18: We're not talking about a certificate here. It IS a letter from a healthcare professional. (It may or may not be in their state of residence, but the federal law makes no such requirement. Some states do. I don't know NY.)

If this letter is legit -- which, so far, sounds like it very likely is -- then they have presented the required documentation already. (Unless the state of NY has added additional requirements that I am not aware of.)

Also, that document you linked to does not appear to apply to this situation (ESAs), so I find it odd that you appear to be using it for that? It very specifically states that it is accommodations for people who are "either applying for, or receiving, rental assistance." So, it is odd that you are using it for general requests for people who don't get any HUD assistance like we're talking about here.

FHEO-2020-01 specifies the following: "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 HUD’s 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 person’s health

care professional that confirms a person’s disability and/or need for an animal when the provider

has personal knowledge of the individual."

To be very clear on that, they are referring specifically to websites who sell "certificates, registrations, and licensing documents."

We all know those are fake and don't mean anything.

That is VERY different from a site that connects people with licensed healthcare providers. That appears to be what is happening here and is allowed in most cases -- even specifically states as allowed even though it is over the internet.

(Jason, I know you get this -- I just wanted to make sure others were clear about that FHEO memo.)

John, Most people who bring up ESA are on some sort of gov't assistance, S8, etc. so that is the relevancy.

It should also be added that CA is one of those states that requires the health professional to be practicing in the state of CA (see Dennis Block, attny).

If I get one of those notes from a health care professional ™ (not a ESA mill certificate), I will call the professional's office to make sure it's not a disconnected number and that the office is legit.

mapleaf18: Maybe in your area. Not in mine. In my area, lots of people have ESAs that aren't on any government assistance. Because, as we all know, they aren't legit ESAs anyhow -- they are just trying to get around "no pets" rules. So, I see them (faked) pretty often for normal rentals.

Again, the form you linked is fine if they are Sec8 or other subsidized applicants, but doesn't make sense for those who aren't.

Maybe a bit off topic but I was in a store yesterday getting things from a list the boss gave me.

I saw a guy that I have used for cleanouts and basic labor in the past.

Then I saw the mutt in his cart, in the food aisle.

I didn't say anything at all to him but I did text another guy that uses him all the time. That guy said he calls the dog an ESA because he doesn't want to leave it alone.

So now there is dog spit and whatever else in the cart where someone will put food stuff.

I hate the entire ESA rules because of the people that take advantage of it.

Zero: Note that ESAs are NOT allowed in grocery stores and such. There is no rule to allow them.

Stores worry about asking, but they have every right to do so and NOT allow ESAs. They have to take Service Animals, but those are harder to fake usually. But not ESAs.

Only housing and airlines have to worry about ESAs. And, somehow, airlines managed to change their own rules recently to be more strict. Apparently, we all need a bigger lobby! :)

I was not aware of the grocery rule. like it but nobody will enforce it due to bad PR.

To clarify, it isn't just grocery. It is ANY store. ESAs have no rights in any store that says they don't allow pets. If Lowes doesn't want ESAs, they don't have to take them. If Bob's General Store doesn't want ESAs, they don't have to take them.

There are no (federal) laws forcing ESAs anywhere than housing and airlines.

So why force them on housing and airlines?