Emotion Support Animal questions
I am looking for new renters for a condo (Salt Lake County Utah) that I just had repainted and re-carpeted. My ad says No Pets. The 4th applicant just contacted me by email asking " Would you be willing to allow pets (one calm dog) if half or all of the deposit is non-refundable? I can also pay a pet deposit and pet rent if needed." Before i could reply she sent another message "I can renew the emotional support animal (with a therapist)".
I know I can not deny her the rental based on the ESA. It is a 40# dog. My condo is 2nd story with no place the dog could potty accessible unless they take it on a walk in the complex. No fenced area, etc.
My question is: can i require that the dog can not potty in my condo/patio except when on walks outdoor in the common areas? I do not want them to use peepee pads or pee stations as I've had dogs myself and know they can go close to the edge and/or overflow.
Can I require the dog to have current vaccinations?
I don't want to break any laws.
Thanks everyone!
I don't know the answer to your specific questions, but if this was my applicant I would respond as follows:
This rental unit is not well suited for pets. If you would like to pursue an ESA, please provide this completed form with your rental application:
FORM TO REQUEST AN ASSISTANCE ANIMAL
We are committed to granting reasonable accommodations when necessary to afford persons with disabilities the equal opportunity to use and enjoy our rental properties.
Under the Fair Housing Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities. Reasonable accommodation may include waiving or varying pet polices and fees to allow an Assistance Animal. An Assistance Animal is an animal that does work or performs tasks for the benefit of a person with a disability, or provides emotional support or other assistance that alleviates one or more symptom or effects of a person’s disability.
Please complete this form completely and return it to us. All information will be kept confidential, except as otherwise required by law.
Today’s Date: _______________________
Name of person with disability requesting accommodation: _____________________________
What is the species of animal? __________________________
Provide the name and physical description (size, color, weight, license) of the animal:
_______________________________________________________________________________
Does the animal perform work or do tasks because of the disability? _____________
If Yes, please provide a statement from a health or social service professional indicating that you have a disability and explaining how the animal is able to do work or perform tasks that alleviate one or more symptoms or effects of your disability.
If No, please provide a statement from a health or social service professional indicating that you have a disability and how the animal alleviates the symptoms or effects.
Please attach statement with any additional information and contract information for the professional completing the statement.
_______________________________________ _______________________
Signature of Person Making Request Date
_______________________________________ _______________________
Signature of Person with Disability Date
Quote from @LeeAnn Doppel:
My policy is that I do not "train" applicants on how to skirt my policy. You said no pets but she started the conversation by claiming the dog is a pet. I would quickly respond back, "I'm sorry but this rental has a no-pet policy." Then block her email and don't communicate with her again.
Isn't this breaking the law? No. She asked about pets. She later mentioned getting an ESA letter from her therapist, but that means it is not currently an ESA so you can't be held liable for rejecting it.
I would add something to your marketing that says, "This property does not allow animals and is not suitable for them." This will scare away a lot of people with ESAs. If they do apply with an ESA, you still have to consider it.
