Service animal vetting

[Wesley W.]

So, I was doing some research after reading the most recent thread on this topic, and I'm wondering if this is accurate.  Based on my new understanding, a tenant claiming to have a service animal can only be asked two questions:

(1)  Is this animal trained to perform a task?

(2)  Is the animal required because of a disability?

Landlords are NOT allowed to ask the tenant:

(1) What the nature of the disability is for which the animal is attributed

(2) For proof of training

(3) For any documentation regarding the need for the animal (unlike ESAs)

So, if my understanding is accurate, what is prevent an unscrupulous tenant from showing up with a "service animal" for which I cannot ask for documentation of its training, the disability, or any validation from the ADA?

It seems like ESAs are much easier to vet, since they require paperwork from a health professional.

Am I missing something, or has this created a huge loophole for "free" pets disguised as service animals in our rentals?

[Nathan Gesner]

@Wesley W. you are partially correct. 

The Landlord can only ask two questions, as you stated.

However, you then mention "validation from the ADA" which is incorrect. ADA only applies to service animals in public spaces. Fair Housing addresses service animals in residential properties.

An ESA is not "easier" to vet. It's easier to fraudulently claim. An ESA can be any animal, including squirrels, turkeys, snakes, and fish. It can be "prescribed" by almost anyone, including a mental health counselor, physician, psychiatrist, or even a church pastor.

There's a lot to navigate, a lot of unanswered questions, and HUD doesn't do much to help the Landlord. My recommendation is for you to look into www.petscreening.com because they will ensure compliance with the law to protect you and your property but they will also weed out a lot of the fraud. It's a free service for Landlords.