ESA and Pet Screening.com

[Donald Paul]

I am a small landlord owning only one duplex which we have owned for 10 years.  I live in the Buffalo, NY area.  We have never allowed pets and never got a request for an ESA. 

I just got someone interested in our unit and the Zillow application said they had pets.  I replied that we do not allow pets but they came back stating they had a ESA.  

I have no idea how to handle this.  Our unit has just been completely updated with paint, flooring and carpet.  

I read where I can request a copy of their ESA letter from a licensed doctor on their letterhead, showing their address and license #.  Does the letter have to be recent?  Can I call /mail a letter to the doctor to ask when the last time the applicant was seen by the doctor?  

I see some people use petscreening.com. What are your thoughts on this company.

I know I cannot charge any fees but can add an animal addendum to my lease.  

Thanks for any insight you can provide.

[Timothy Smith]

@Donald Paul hi from a fellow Buffalonian! You are wise to tread lightly here. I will also preface my comments by saying that we DO accept most pets and build that into the rent, and I’ve only dealt with the ESA situation 1-2 times. My units are also renovated and have either new flooring or refinished hardwoods.

What is the type/breed of the ESA? You may be able to skirt this if it is an insurance restricted dog breed. To the best of my knowledge, NYS law still allows insurance companies to restrict breeds for rental properties, but not personal residences. Double check me on this, but that was discussed with my insurance broker not too long ago. If the ESA is a restricted breed, you may be able to claim that this is an “undue hardship” and move on. Again, verify this before acting on it.

You can also ask for the documentation and state that your attorney will be reviewing the materials for authenticity.

Lastly, remember that we screen the TENANT foremost and a responsible pet owner (in my opinion) can make a great tenant. The times where I have had pet/animal problems is when I’ve overlooked something with the tenant screening or rushed to fill a vacancy.