ESA letter advice

ESA letter advice

Member since 2023 · 50 posts · 41 votes

Hi all. 

We have a tenant that is not supposed to have any animals. I was at the building doing work and she had a puppy. She said she just got the dog and was in the process of getting her ESA paperwork. 

A few days later, she sends us a letter saying that she can have an ESA because of high stress levels.

The letter has a DRs name and valid Colorado license number, but there is no address or business name listed. The phone number goes to an automated message for Behavioral Health Services, or something along those lines.

Searching for the phone number shows the first result as persupportnetwork.com

Under this number, there are a few examples online of the exact same letter we were provided, but in the name of a different doctor.  I attached a picture of one of the letters I found online (not our resident's)

I think it's pretty obvious this letter came from an online ESA website, but irrelevant of that, it doesnt seem to meet the HUD requirements. HUD states the DR must have personal knowledge of the patient. In the letter the DR says, "I have evaluated the emotional profile of....."


To me, this is saying the Dr has never met or talked with the person and is prescribing an ESA based on a questioner. I dont belive this would meet HUDs requirements.

I asked the resident what healthcare provider the Dr works for and how long she has been a patient.   I have not received any answer.

Thoughts?

Thanks

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Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
3y

So two thoughts first she is supposed to inform you prior to the ESA arrival, not afterwards. That said, fighting over that is a waste of time at this point. 

For the actual ESA evaluation I'd go ahead and refer her to 'petscreening.com' let them handle the evaluation and determine whether she has an ESA or not. Then you've taken yourself out of it, and if denied and she's unhappy there's a sense of 'authority' behind the service that does the evaluation. You may have the same info and be 100% right, but I'm willing to bet she'll fight you more than she will the service. 

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  • Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    So two thoughts first she is supposed to inform you prior to the ESA arrival, not afterwards. That said, fighting over that is a waste of time at this point. 

    For the actual ESA evaluation I'd go ahead and refer her to 'petscreening.com' let them handle the evaluation and determine whether she has an ESA or not. Then you've taken yourself out of it, and if denied and she's unhappy there's a sense of 'authority' behind the service that does the evaluation. You may have the same info and be 100% right, but I'm willing to bet she'll fight you more than she will the service. 

  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 489 votes
    3y

    Have your applicants run all pets to include ESA's through PetScreening.com. It is free for you as the landlord. I urge you to check out this excellent service. Happy to chat offline if you have any questions. 

    RentWerx Property Management4.73295 Reviews
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Ben Russell:

    Unfortunately, the law favors nonsense like this. She is supposed to ask for a reasonable accommodation, get your approval, and then place the animal. At the same time, the law says she can apply for the ESA at any time, even after you've discovered it.

    We all know her claim is BS, but you have to play the rules. You are allowed to verify, which means she needs to show a letter from a valid medical provider that you can verify. I searched the name on Google and she's in Franklin Park, Illinois. Then I looked further and saw she is in Orlando, Florida? 

    You have a right to contact the medical provider and confirm the letter is authentic, which is what I suggest you do. If the doctor has not "treated" your Tenant, then they can't prescribe the animal.

    Here's the actual law. I suggest you print it, read it, highlight it, and learn it inside out because this won't be the last time you deal with this nonsense. https://www.hud.gov/sites/dfil...

    I know the law well, but I still use Petscreening.com because I hate wasting my time on it.

    The DIY Landlord Book4.7248 Reviews
  • Member since 2023 · 50 posts · 41 votes
    3y

    Thanks, for the replies. I have reached out to petscreeneing.com and am trying to get setup with them for future pet issues

    Im familiar with the law and HUDs guidence on ESA. Thsts what led me to suspect this ESA is not legitimate, nor does it meet HUDs requirements. I have tried to contact the DR on the number provided and have not recieved a response. Just some vuage message that does not say who the provider is, or where they are located.

    The resident has also responded to my question about who the Dr works for and how long she has been a patient. She stated that she was "advised" not to tell me due to HIPAA.

    At this point, I cannot verify the ESA letter and based on the language in the letter, it indicates this DR (if legitimate) has never met, spoken with, or treated the resident prior to the ESA request. This is not in-line with HUDs guidelines. 

    Im going to tell the resident the letter does not meet HUDs requirements for an ESA and we will not grant her request for accommodation. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Ben Russell:
    I would do the same. I have a very low tolerance for scammers. My state passed a law that says false claims are subject to a $750 fine, so that's what I hit them with. Either it will scare them to get rid of the dog, move out, or comply.
    The DIY Landlord Book4.7248 Reviews
  • Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
    3y

    Good for you Ben, hold your ground because she's going to fight you on this. I love "I was "advised"(by who?) HIPAA?

    As everyone else stated, I would signup for Petscreening.com and require this for all your tenants going forward. It will save you time and lots of headaches. Good Luck.

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