Emotional support animal (ESA) protection and disclosure information

General Landlording & Rental Properties
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Emotional support animal (ESA) protection and disclosure information

Kevin Morrison
Investor · Sanford, NC · Member since 2018 · 10 posts · 3 votes

Hey gang,

I have a tenant in one of my units that has an ESA (emotional support animal). She didnt disclose to us before moving in (don't think she is required to) and we didn't mind. She is moving out and next management company sent me a questionnaire and one asked "Did they have any animals on your property? Yes or no" and I marked yes and added dog. 
She is all upset and saying what I did was illegal and so on. I felt bad as I did forget that it was an ESA but she apparently still got approved. I don't know if I actually did anything wrong. I know we can't discriminate against and they don't have to disclose but am I suppose to say no when asked that question? I called a lawyer but they didn't even know as it was too specific of a situation.

Want to avoid putting myself in a bad spot and make sure I handle ESAs well in the future. Thanks!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
1y
Quote from @Kevin Morrison:

1. She is required to disclose it. In fact, the law says she is supposed to request a "reasonable accommodation" and get your permission before moving the animal in. You may not care, but I want to be clear that she is the one in the wrong, not you. The fact that she failed to disclose the animal indicates that it's probably not a legit ESA.

2. You did nothing wrong with disclosing the animal. It is an animal, even if it is not a pet, and it is part of the rental. The new Landlord wants to know if she had an animal and if it caused any damage or other problems. There is nothing in the law preventing you from answering that question. The fact that she's upset indicates that she hopes to move the animal into another rental without disclosing it.

3. I recommend you educate yourself on how to screen an ESA before someone takes advantage of your ignorance. This link is the latest guidance and includes a process you can follow to screen and approve service or support animals: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalN...

4. Finally, just because you can't discriminate doesn't mean they get a free pass. Their animal is still an animal and subject to typical animal rules. They can't let the animal annoy the neighbors by barking all day, urinate on the walls, or chew up the window sills. If an animal is violating the rules, you can still remove them and/or the tenant. I highly recommend you create an "Animal Addendum" which is a set of rules for any animal, whether it's a pet or service animal.

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  • Mila F.
    Member since 2023 · 59 posts · 34 votes
    1y

    You didn't do anything wrong, don't worry. If the question had the word "animal(s)" in it, you answered it correctly. ESA is still an animal. Now, if they asked whether the tenant had "pets", then that would be a different story, and only if the tenant's dog was actually an ESA. Since she didn't disclose this dog to you when she applied (even if she's not required), most likely she just has a pet that she's trying to pass for an ESA with a print-out from one of those online "ESA letter" mills. Typical behavior from someone with a fake ESA. 

    2Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    1y

    An ESA may not be a pet, but it is still an animal. Unless you have a local law that says otherwise, it's not illegal to disclose this. 

    She is only upset as she is trying to game the system and you may have ruined it for her with this place. Screw her and the scum like her! 

    3Reply
  • Jules Aton
    MD/DC · Member since 2024 · 1k+ posts · 1k+ votes
    1y

    I didn't think ESA were considered a protected entity any more? Don't they have to be legit service animals? 

    0Reply
  • Donna Johnson
    Member since 2024 · 63 posts · 25 votes
    1y

    Here's a link that may be helpful about service animal vs emotional support animals.  

    https://www.ada.gov/resources/service-animals-faqs/

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y

    You didn't do anything wrong.  The emotional support animals are pets with papers you can buy off the internet.  Fact is she had a dog-even if it was a service dog-it is still an animal.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y
    Quote from @Kevin Morrison:

    1. She is required to disclose it. In fact, the law says she is supposed to request a "reasonable accommodation" and get your permission before moving the animal in. You may not care, but I want to be clear that she is the one in the wrong, not you. The fact that she failed to disclose the animal indicates that it's probably not a legit ESA.

    2. You did nothing wrong with disclosing the animal. It is an animal, even if it is not a pet, and it is part of the rental. The new Landlord wants to know if she had an animal and if it caused any damage or other problems. There is nothing in the law preventing you from answering that question. The fact that she's upset indicates that she hopes to move the animal into another rental without disclosing it.

    3. I recommend you educate yourself on how to screen an ESA before someone takes advantage of your ignorance. This link is the latest guidance and includes a process you can follow to screen and approve service or support animals: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalN...

    4. Finally, just because you can't discriminate doesn't mean they get a free pass. Their animal is still an animal and subject to typical animal rules. They can't let the animal annoy the neighbors by barking all day, urinate on the walls, or chew up the window sills. If an animal is violating the rules, you can still remove them and/or the tenant. I highly recommend you create an "Animal Addendum" which is a set of rules for any animal, whether it's a pet or service animal.

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    4Reply
  • Wesley W.
    Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes
    1y

    Everyone else nailed it, but I can't resist this parting shot:

    What does she think the "A" in ESA stands for?

    0Reply
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