ESA pet and a non ESA dog
Shelly Rike MitchellPro Member
Member since 2023 · 7 posts · 2 votesESA pet and a non ESA dog
Most Popular Reply
Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votesA support animal, including an ESA, is never considered a pet. You cannot charge pet fees, pet deposits, or pet rent for them.
On the other hand you may be exempt from accepting ESAs if you have four or few units and rent the units yourself. Check your state and local laws.
Also, be sure whatever evidence they provide you complies with HUD guidelines. Most of the stuff I see prospective residents give me is total garbage you can buy online for $50.
4 Replies
- 11moGreg ScottPro MemberRental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
A support animal, including an ESA, is never considered a pet. You cannot charge pet fees, pet deposits, or pet rent for them.
On the other hand you may be exempt from accepting ESAs if you have four or few units and rent the units yourself. Check your state and local laws.
Also, be sure whatever evidence they provide you complies with HUD guidelines. Most of the stuff I see prospective residents give me is total garbage you can buy online for $50.
- 11moMichele FischerPro MemberRental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
There is very little court action around ESA, I know I don't want to be the first person to get stuck with defending a lawsuit. We ask people to fill out this form, few actually do.
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
- Property Manager · OK · Member since 2024 · 98 posts · 74 votes11mo
Hi Shelly! Great information provided by Greg and Michele! You are expected to accept an ESA as an accommodation in addition to the dog, even if it violates your 'one dog' or size requirement. According to Fair Housing laws, ESAs are treated as medical devices, not typical everyday pets, at least if you reside in Texas and are an unexempt very small landlord.The documentation you have for this ESA is key: Always make sure that you are obtaining valid verification per Michele's form, or a similar method.
Review the ESA letter closely; you must only accept letters that are from their active health care provider (either therapist or physician), and not generic online certificates that are not specific to their needs.
Do not assess fees for having an ESA. Any property damage caused by the ESA beyond normal wear and tear, however, can legitimately be deducted from the tenant's security deposit.
This way, you can comply with the Fair Housing law (in this case, the USA) and still take the necessary steps to ensure your property is protected. If you find the documentation is weak, I suggest consulting a Texas attorney who specializes in landlord-tenant law prior to denying the ESA. It is better to be safe than to have to deal with a HUD complaint. - 11moPeter MckernanBusiness MemberResidential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
Any ESA pet you cannot charge a pet fee or a security deposit for an ESA pet. So when someone comes in with this type of pet, you have to accept them without charging anything extra. If you are going to accept someone with an ESA pet just be aware of all the rules around this type of pet. Also, some people if they move in without an ESA pet and get certified for their pet to be an ESA animal you might have to decrease the pet fee and credit back the security deposit for the pet (I would check with an attorney on this last one; however, this was what we had to due with an attorney direction for a tenant that did this on one unit we manage).
The McKernan Group4.958 Reviews
Join the conversationCreate a free account to reply, vote on answers and follow this thread.