Emotional Support Animal in a No-Pet Apartment Complex

[Matthew L.]

I have a 24-unit apartment complex that has a no-pet policy.  In NM, emotional support animals are classified as assistive animals that cannot be discriminated against.  An existing tenant, with 4 months left on lease, sent me this text....

"So I know there's a no pet policy but my therapist is discussing me getting an emotional support dog to help with my anxiety and depression"

I do not want pets at the complex, because even her allowed dog will create issues with the other tenants who have wanted pets at the property (i.e., they will start figuring ways to get their pets in either through the same route, or by just bringing them in unauthorized).

I'm interested in how others would handle the situation?

[Mike S.]

Originally posted by @Michael Garofalo:

Hey Matthew,

You're absolutely correct that emotional support animals cannot be discriminated against. Unfortunately your hands are tied on this one, if she brings that dog in I believe you have no choice but to allow it.

Personally if I was in this situation, I wouldn't try to hide this fact from the other tenants. In fact I'd probably send out a formal notice to all tenants as soon as you know the dog will be in there, to reiterate that the building is not pet-friendly unless there are extenuating medical circumstances, and that the animal policy will be enforced fully for anyone who is not legally entitled to having a dog for such circumstances. You can keep it vague and not reference emotional support as a valid medical reason. Also, you could modify your lease and/or have this tenant sign a pet addendum, to require an extra security deposit and an extra fee each month for pet rent. That alone might drive her out and consider looking for a new building if she doesn't want to deal with that hassle.

Anyway, just my two cents though. I don't own any large multi-family buildings so please take all of this with a grain of salt. 

 You can't charge a pet fee, deposit, or pet rent for ESA animals.