"emotional support" bs pets and what landlords rights are

"emotional support" bs pets and what landlords rights are

Member since 2020 · 12 posts · 0 votes

Thinking about buying some duplexes. I have been out of the game for many years.  Wife who is a realtor, told me about new fair housing laws on emotional support pet laws. She said you can not refuse someone who claims their pet is a emotional support pet (if they have a letter from therapist?).  She said landlords are forced to take pets even if they have a no pet policy.  In addition she believes I could not even charge for a additional "pet rent" to the tenant.  Is any of this true, and what recourse do we have?...if any.

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
5y

Sadly yes, but you can require documentation from a local doctor-none of this online BS.  If someone gets on part way through and the pet is causing damage, don't renew their lease.  Make sure your security deposit is large enough to cover any damage.

I don't agree that emotional support animals are service animals. Service animals have a lot of training, emotional support animals are a pet and nothing more.

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  • Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
    5y

    Yeah, that is true to a degree, but its an extremely confusing legal landscape. There is an "assistance animal screening service" called petscreening.com (I have no affiliation at all) that specializes in knowing the law and handling that part of the application.   I set up an account and tried the application, it was very intense. I think it would weed out most BS applicants. 

    However I've never had an applicant try and spring a BS "assistance animal" on me. In my tenant class they just sneak them in. :>

  • Russell BrazilBusiness Member
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    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    5y

    Emotional support animals are service animals. Pursuant to the Fair Housing Act Ammendments act of 1988 you can not deny an applicant based on the fact that they have a service animal. A service animal is no different than say a wheelchair. A letter from a healthcare provider, therapists or social worker is the only documentation you can request. 

  • Member since 2020 · 12 posts · 0 votes
    5y

    a miniature horse and lama and iguana are all considered "emotional support" animals.  Its clearly a bs liberal law.  I just did not know if we have means to protect ourselves from tenants getting around no pet policies by making this claim.  I understand the need in some cases for actual SERVICE ANIMALS... that i completely understand.  But any liberal could make the argument all pets are for our "emotional support".  its not going to support me replacing carpet from their emotional support goat pissing all over my freshly remodeled unit.

  • Member since 2020 · 12 posts · 0 votes
    5y

    I agree a SERVICE ANIMAL is no different than a wheelchair, but ten "emotional support" cats are more comparable to a toilet than a wheelchair....

  • Member since 2020 · 12 posts · 0 votes
    5y
    Originally posted by @Account Closed:

    Yeah, that is true to a degree, but its an extremely confusing legal landscape. There is an "assistance animal screening service" called petscreening.com (I have no affiliation at all) that specializes in knowing the law and handling that part of the application.   I set up an account and tried the application, it was very intense. I think it would weed out most BS applicants. 

    However I've never had an applicant try and spring a BS "assistance animal" on me. In my tenant class they just sneak them in. :>

    "https://www.petscreening.com"  that looks like a very helpful service.  Wonder if i can charge the applicant a application fee to pay for that service.  In addition I assume as you say that they would just sneak them in, then claim "assistance animal".

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Sadly yes, but you can require documentation from a local doctor-none of this online BS.  If someone gets on part way through and the pet is causing damage, don't renew their lease.  Make sure your security deposit is large enough to cover any damage.

    I don't agree that emotional support animals are service animals. Service animals have a lot of training, emotional support animals are a pet and nothing more.

  • Investor · Rochester, MI · Member since 2017 · 1k+ posts · 584 votes
    5y

    @Ryan Skinner in the end Ryan, it’s your property. If you like to start investing this is part of the business. What I would do and what I did in the past is extend screening to all applicants, I approve tenants on income, background, and reference. I had a lady that contacted the city and then fair housing attorney called me stating I was illegally denying her application. But the fact was she could not prove her income I need of 3x the rent amount. She kept saying I’m living with my boyfriend story! And he make tons of money! Really why are you not married yet? Why are you renting still? Long story she said he BF gets paid cash not sure dealing drugs? Waiter? Besides the point not claiming on taxes. So that case I got out of it and found a tenant that was approved to my standards. Another fantastic story is another person that had 2 emotional pets and believe it or not pitbulls she went on forcefully to approve her, I ran her credit, background, reference and income all approved! I called her up I told her exactly my feeling about her pets, this is one thing you need to be in this business is open and truthful, what I said is I never owned a pet in my life, they smell the pee alL over and oh yea your dog is the one that doesn’t pee, yea ok! I’m not against pets but what I am against is people telling me their dog never goes to the bathroom indoors! Really so I can say I’ve never bought a run down rental that smelt so bad even after removing the pissed wood floors! So sorry for the long message, I told the lady this and I explained to her how much the flooring costed me, the interior doors, door and floor trim, and we will video tape your first walk around of the house and video tape everything in detail. I will give you estimates of what replacement items cost, I do not charge for normal wear and tear I charge for destruction of property that when I gave it to you was in perfect condition. You know what she said you can’t do that. I told her fine your not approved, another great tenant that called an off the street Attonery. Attorney calls me and tells me you have no choice but to approve her, I told him yes she is approved and I will send over my contract, what I told her I put in the contract the attorney told her you have no choice but to abide by the contract terms. Plan and simple you rent a car from Ford and piss and tear the car apart you bring it back with flats and you tell Ford dealership “not my problem” and by the way it’s illegal to charge me anything! Let me know when and how fast you receive a bill from Ford! This new wave of let’s me equal and equality has taken its course in a total wrong direction and respect, common sense, listening and obeying the rules OUT THE WINDOW. Hopefully this helps you determine your purchase of the duplexes. 

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    5y

    @Ryan Skinner Service animals and emotional support animals are not the same thing. For example, a cat could be an emotional support animal. However, it could never be a service animal.

    You need to know the difference, and what exactly the tenant (or potential tenant) is referring to, because it definitely matters. 

    Here's the latest guidance from HUD that answers many questions on the topic and is a great reference to keep handy:

    HUD Guidance on Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (updated 2020)

    Lastly, you should know that there are exemptions to a landlord having to accept emotional support animals. Most landlords don’t know about them though. You don’t mention where you’re from, but here’s an article written by a California law firm that explains them:

    A California Landlord’s Guide to Emotional Support Animals

    (Note: Even if you’re not in California, the article is still relevant because the exemptions discussed are from the Federal Fair Housing Act.) 

  • Lakeland, FL · Member since 2014 · 91 posts · 18 votes
    5y

    Emotional support animals are NOT the same as service animals. While it is still grey in most areas, like some states when it comes to housing, the courts are starting to recognize the difference.

    On the news the other day they reported a federal court ruled in favor of the airlines. They no longer have to allow most emotional support animals to be in the passenger cabin. Unless they are specifically trained and registered.

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