Emotional Support Animals

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Emotional Support Animals

Mona V.
Investor · Cary, NC · Member since 2015 · 71 posts · 26 votes

My rental has a no-pet policy. Mainly because the septic field of the house was just repaired and its all dirt, an animal can really destroy it fast. Its seriously costly and if its destroyed now I really wouldn't have much to repair anymore. A lot of people contact me and when I deny saying they mentioned pets and we have a no-pet policy, they claim its an ESA . I went through all the forums I could find here and I have gone through the Fair Housing Laws regarding disabilities and ESAs, but still have some unanswered questions.

Can I deny based on - "The presence of the assistance animal would pose an undue financial and administrative burden to the provider"?

If not, I would like to give them a form and require them to get it filled by their licenced medical provider, like a lot of people mentioned in forums. But I could not find a copy of such a form anywhere. I see only the letters from the fake ESA certification sites when I search. Can anyone point me to a solid form to use for verification, a letter which I can ask them to take to their doctor to fill. 

Is it ok to call the medical provider too for verification?

Thanks!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y

@Mona V. read the North Carolina Disability Rights packet. It's a pretty good overview and includes a sample form near the end.

Fraud is rampant. Most people claiming an ESA are liars trying to sneak in their pet. They purchase certificates online or even get a "diagnosis" from a licensed physician over the internet. I do not accept any of those. I also do not accept an old letter. I give them a form that must be completed by their healthcare provider. This scares away the majority.

You are allowed to verify the disability and the service the animal provides. That's it. 

Something else to remember: many people will claim to have more than one animal prescribed for the same issue. You are not required to permit that. Even under the disability act, only one service animal is permitted per disability. A person could have one dog that alerts them to seizures and another that guides them. I know of no legal requirement to permit multiple animals for anxiety.

I discovered that if you educate yourself and develop policies, it will scare most of the fraud away.

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  • Mona V.
    OP
    Investor · Cary, NC · Member since 2015 · 71 posts · 26 votes
    8y

    Also, is it ok to ask applicant was evaluated on the DSM-V?

    0Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    8y

    Mona,

    You didn't state what type of pet the ESA pet is; cat, dog, lizard??? Honestly, I have never had an animal destroy a septic field in any of my houses, and I have been managing for over 20 years. Now, I have had a large truck park on the field and crush it, but not a pet.

    You can request the doctor to fill out your form, but you can not ask what they have been evaluated for, but can ask what type of service the pet provides for their disability if it is not readily visible.

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  • Lynn McGeein
    Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    8y

    Have you tried forming a statement about the septic field and that it would be an undue financial and administrative burden, a specific statement that you can recite to any applicants requesting an ESA and see if that sends them elsewhere?  If they insist, let them know just how expensive it would be and that it would be their financial responsibility to repair if damage is done.  There are support animal verification forms online that you can adapt to your needs.  Ask that the form be e-mailed, mailed, or faxed directly from the doctor's office.  I imagine those steps would weed out all but the most serious of applicants.    You cannot ask for higher deposit or pet fee or pet rent, and you cannot ask what their medical condition is, but I don't see any harm in telling them up front that  you have an issue that would be an undue burden on you.

    2Reply
  • Brian K.
    Rental Property Investor · Buffalo, MN · Member since 2010 · 511 posts · 92 votes
    8y
    Is this property in a rural setting? Is it a mound style system? How would a pet destroy a septic system? Other than probably digging or dragging the mud in the house not sure. Definitely do not want large vehicles or heavy equipment going across it.
    2Reply
  • Mona V.
    OP
    Investor · Cary, NC · Member since 2015 · 71 posts · 26 votes
    8y

    @Brian K. @Kim Meredith HamptonThe septic system was just repaired and the backyard had drainage issues which were saturating the drainfield. We had to regrade and put two quad truck loads of topsoil just to get the drainfield in a shape that the water would drain out, it was very hard to achieve. Its loose and can easily be moved, last thing it needs is anyone digging or moving the dirt there, which took a lot of effort and money to put in place.  System is very delicate and after one year of overuse by tenants (12 people staying when 3 are on the lease), thousands of dollars into it for repair, a year of pain, I am not up for taking any chances. No digging, no moving dirt, can't afford it! I don't want to differentiate between different kinds of pets just to keep the policy simple.  

    0Reply
  • Mona V.
    OP
    Investor · Cary, NC · Member since 2015 · 71 posts · 26 votes
    8y

    @Lynn McGeein  I have not formed any statement yet, I didn't know if I could tell them that. I'll try telling them upfront and hopefully they understand.

    0Reply
  • Roger S.
    Investor · TX · Member since 2015 · 393 posts · 290 votes
    8y

    From what I have read, the housing regs regarding support animals do not apply to single family homes owned by individual investors.  I'd have to search to find that again, but I have read it in more than one place

    1Reply
  • Steve Vaughan
    Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    8y

    I've changed my language and docs to not include the word 'pet' anymore at all.  I have an animal policy, an animal application, an animal agreement, etc.

    ESA, comfort, and therapy animals are not pets!

    BTW, on my anonymous for rent ads online, one of my main questions is..... How many animals?   Know going in.  You can deny if someone wasn't truthful up front.

    1Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    8y
    Not your question but i would set an occupancy limit based on the septic that could help. For dogs I dont think you could set a permanant restrictiion on ESAs because grass would solve the dirt problem. However there are other ways you might handle. No dogs in yard? That is not attractive to dog owners. That must have been terrible 12 people with a 3 bedroom septic.
    3Reply
  • Mona V.
    OP
    Investor · Cary, NC · Member since 2015 · 71 posts · 26 votes
    8y

    @Roger S. Its true for if owner is not using a  broker and owns less than 4(3 or 4 I frogot) units. I am licenced real estate agent, even if I am the owner, FH laws are applicable for my rentals. 

    Just changed everything related to "animal":), will mention no animals allowed in the yard, thanks all!

    2Reply
  • Jennifer PetrilloPro Member
    Investor · Asbury, NJ · Member since 2015 · 226 posts · 205 votes
    8y

    Forget the new septic, it does not matter why you don't want animals in your rental. An animal is an animal, whether it is for "emotional support" or not. Aren't you allowed to choose what goes into your rental? I think allowing "ESA" is opening up a can of worms...emotional support worms. How about 'this is my emotional support drug dealer boyfriend'? Or 'I am a food addict, I need you to provide me with three refrigerators.' Or 'I have chronic insomnia, I need you to provide blackout curtains and a white noise machine.' You own a rental property, not a psych ward. I would hope that no decent physician would provide such documentation. What a sham "necessity." 

    3Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    @Mona V. read the North Carolina Disability Rights packet. It's a pretty good overview and includes a sample form near the end.

    Fraud is rampant. Most people claiming an ESA are liars trying to sneak in their pet. They purchase certificates online or even get a "diagnosis" from a licensed physician over the internet. I do not accept any of those. I also do not accept an old letter. I give them a form that must be completed by their healthcare provider. This scares away the majority.

    You are allowed to verify the disability and the service the animal provides. That's it. 

    Something else to remember: many people will claim to have more than one animal prescribed for the same issue. You are not required to permit that. Even under the disability act, only one service animal is permitted per disability. A person could have one dog that alerts them to seizures and another that guides them. I know of no legal requirement to permit multiple animals for anxiety.

    I discovered that if you educate yourself and develop policies, it will scare most of the fraud away.

    The DIY Landlord Book4.7243 Reviews
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    8Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    It is far easier to avoid the "emotional support" issue entirely. Simply inform all applicants you do not want to accept that they are not first in line and that you are still screening applications and you will inform them in time. Patients will turn up a acceptable applicant and you then simply inform all others that the unit has been filled.

    I have never rejected any applicant for having a animal, emotional support or otherwise, I simply wait till I have a better applicant.

    1Reply
  • Tyler WattsPro Member
    Buy & Hold Investor · Shelby, NC · Member since 2015 · 136 posts · 68 votes
    8y

    What if they are already moved in and then bring this to the table? Would this override the lease agreement signed by them stating no pets allowed? This will be the angle tenants take once they see a landlord is educated. 

    0Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    "What if they are already moved in and then bring this to the table?"

    In that case it would definatly be a scam and you move forward with a  eviction.

    0Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y

    I recently interviewed an applicant and when I asked if he has any pet, he said 2 cats and 2 dogs.  When I said that single family home has a no dog policy, he said those are ESAs.  I asked "all of them are ESAs?"  He said "Yes".

    (1) I started to look into whether a tenant may keep multiple ESAs.  I can't quite get a clear answer.  It seems that one could have multiple ESAs where each different animal provides relief for a different disability.  On the other hand, I also saw references that some are able to get certification stating multiple ESAs are needed for that single disability.

    (2) Seems anyone can get a certification for ESA from any online sources in 5 minutes.  How do you guard against abuse?  If you use your own form, can someone share a sample form?  I assume the trick is to request the form to be signed and dated by a medical professional?  One form per animal?  Are these forms state specific?

    (3) I also read that FHA governs rental property while ADA is for public places. However there are sections under ADA specifically address housing. This seems confusing. Is that ADA housing section pertaining to public housing such as dorms and hotels?

    (4) A few suggest changing the word "pet" in your pet policies to "animal" to cover all animals regardless if they are pet or not.  Good idea?

    (5) Somewhere I saw a reference that landlords who owns less than three single family homes and do their own property management may be exempt from accepting ESAs under FHA. Anyone knows if that means the owner must OWN less than three SFHs? Or the owner has less than three RENTAL SFHs? What if I have four SFHs, two for self use and two for rental? Am I exempt in this case?

    (6) If I asked him if he has any pet, and he replied two cats and two dogs, this being in email, does it mean he already admitted those are pets?  It's only when I said I do not allow dogs at that location he said those are ESAs.  Does that help my case in proving it's BS?

    0Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y

    "(4) A few suggest changing the word "pet" in your pet policies to "animal" to cover all animals regardless if they are pet or not. Good idea?"

    I think I will change the terms from "pet" to "animal" in my application and lease agreements.

    Also, I kept hearing ESAs are not pets, so they don't have to obey rules and guidelines established for pets.  I don't think this is true.  I am thinking the more reasonable approach is (correct me if I am wrong please):  

    I have a no pet policy at this property, you have a ESA or two (in this case four), I would required an active, license mental health provider to sign and date a form (still looking for such a form, anyone?), one form per animal to certify the disability and the link of the animal to the specific tenant.  Once that is provided, I then waive the no pet policy.  For tenants with pets I do have a pet addendum which they have to sign with additional rules (such as no abandonment, no leaving a pet in a house and go on a 10 day vacation with no one cleaning and feeding, picking up dog poop etc...), this pet addendum (now called animal addendum) will still need to be signed and adhered to.  Also I should (?) add some verbages to my lease agreement about consequences to misrepresenting a pet as an ESA or service animal would be considered a lease violation.  So sick of people putting a guide dog vest on any dog.

    Does that cover it?  Anything else?  If anyone know where I can find a ESA form I can use, please let me know.

    0Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y

    One more interesting link.

    https://www.sun-sentine

    State Sen. Manny Díaz Jr., R-Hialeah, has sponsored a bill (SB 1128) that clarifies that documentation supporting an emotional support animal must come from a person’s regular doctor. That provision intends to stop online services that exist solely to provide paperwork for emotional support animals.

    “You can’t have a health care provider who you go see only for this case,” Díaz said. “It has to be a health care provider you see for your regular care.”

    I guess if and when this bill is passed, there is really no teeth in enforcing the faked ESA certification anyone can get online from a doctor who they have never seen or been diagnosed except for some stupid survey they have to fill out which they know what they have to do in order to qualify.

    1Reply
  • Mindy JensenPro Member
    BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
    7y

    @Sam Leon , I really want this to pass. I have no issue with people who have a genuine need, but the online ESA documentation is complete crap.

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  • Clinton Davis
    Rental Property Investor · Memphis area · Member since 2018 · 105 posts · 51 votes
    7y
    Originally posted by @Jennifer Petrillo:

    Forget the new septic, it does not matter why you don't want animals in your rental. An animal is an animal, whether it is for "emotional support" or not. Aren't you allowed to choose what goes into your rental? I think allowing "ESA" is opening up a can of worms...emotional support worms. How about 'this is my emotional support drug dealer boyfriend'? Or 'I am a food addict, I need you to provide me with three refrigerators.' Or 'I have chronic insomnia, I need you to provide blackout curtains and a white noise machine.' You own a rental property, not a psych ward. I would hope that no decent physician would provide such documentation. What a sham "necessity." 

     I agree...Emotional support animal??...isn't that just another way to say "pet"....all pets are emotionally supportive no?  what is this country coming to?    

    1Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y
    Originally posted by @Mindy Jensen:

    @Sam Leon , I really want this to pass. I have no issue with people who have a genuine need, but the online ESA documentation is complete crap.

     From the looks of it it has a good chance of being passed soon.

    2.a. An individual with a disability who has an emotional
    75 support animal or who obtains an emotional support animal is
    76 entitled to full and equal access to all housing accommodations
    77 provided for in this section, and such individual may not be
    78 required to pay extra compensation for such animal. If an
    79 individual’s disability or disability-related need is not
    80 readily apparent to a housing accommodation, the housing
    81 accommodation may request written documentation prepared by a
    82 health care practitioner, as defined in s. 456.001, which
    83 verifies that the individual has a disability or a disability
    84 related need and has been under the practitioner’s care or
    85 treatment for such disability or need, and the animal provides
    86 support to alleviate one or more identified symptoms or effects
    87 of the individual’s disability or disability-related need.
    88 b. The written documentation, as specified in sub
    89 subparagraph a., must be prepared in a format prescribed by the
    90 Department of Health in rule and may not be prepared by a health
    91 care practitioner whose exclusive service to the individual with
    92 a disability is preparation of the written documentation in
    93 exchange for a fee. The Department of Health may adopt rules to
    94 administer this sub-subparagraph.

    101 (10) A person who falsifies written documentation, as
    102 specified in sub-subparagraph (6)(b)2.a., for an emotional
    103 support animal or otherwise knowingly and willfully
    104 misrepresents herself or himself, through conduct or verbal or
    105 written notice, as using an emotional support animal and being
    106 qualified to use an emotional support animal commits a
    107 misdemeanor of the second degree, punishable as provided in s.
    108 775.082 or s. 775.083, and must perform 30 hours of community
    109 service for an organization that serves individuals with
    110 disabilities, or for another entity or organization at the
    111 discretion of the court, to be completed in not more than 6
    112 months.

    So the real teeth is to require that the certification must NOT be provided by health care practitioners whose  purpose is to provide certification for ESA for the individual in exchange for a fee AND if found misrepresentation it will require 30 days community service.

    I hope it gets passed soon.

    1Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y

    One additional thought...what if I add into my lease, and require an applicant to sign, that if and when SB 1128 (discussed above) is passed in Florida, they agree to have their ESA re-certified under the new rules in full compliance within 30 days of the new laws. if they are unable to have their animals certified as ESAs, then their animals will be reclassified as pets again, and if they are in no pet accommodations that's a lease violation.

    Would that be a good or really bad idea as a deterrent to someone who's gaming the system with bogus ESA claims?

    0Reply
  • Sam Leon
    Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
    7y
    Originally posted by @Mindy Jensen:

    @Sam Leon , I really want this to pass. I have no issue with people who have a genuine need, but the online ESA documentation is complete crap.

     Not really sure what happened, but the bill was getting all the votes then all of a sudden, dead?

    https://www.flsenate.gov/Session/Bill/2019/01128

    Last Action: 5/3/2019 Senate • Indefinitely postponed and withdrawn from consideration

    Sigh...

    0Reply
  • Marvin Blaine
    Member since 2020 · 1 post · 0 votes
    6y

    It this right?. It states a owner with fewer than 4 units and live in one of them can deny a ESA letter. I own a duplex 2 units total in Los Angeles and live in the upper unit. Tenants live below me in second unit.

    Full Article
    https://esadoctors.com/landlord-emotional-support-animal/

    Snippet from article below:

    FAQ #7 – When can a landlord legally reject an ESA?

    There are some conditions when a landlord can reject your ESA. Emotional support animal protection is meant to protect a person with an emotional or mental disability, the law is not made to punish the landlord. This is why there are particular situations where a landlord can reject an ESA.

    1. First – if the animal is too large for the accommodation size. For example, a horse or a llama may be rejected from a small studio apartment.
    2. Second – if the building has 4 units or less and the landlord lives in one of the buildings.
    3. Third – it is a single-family house that was rented without a realtor and the owner owns less than 3 single family homes.
    4. Fourth – if the animal in the unit brings an undue financial hardship to the landlord.
    5. Fifth – if the animal causes damages or harm to others in the building.



    Thank You



    0Reply
  • Michael Peters
    Member since 2019 · 215 posts · 122 votes
    6y

    Requesting the tenant have a medical provider fill out a form, prior to bringing in the animal, is completely reasonable.  Make sure that the doctor is local, license included for you to verify, and that they indicate their relationship and its length with the tenant.  I wouldn't accept an ESA letter from a doctor thats seen the tenant for 1 month.  Sounds like the law was on the right track to clarifying these points.  You can still require them on your end.

    1Reply
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