ESA Animal Laws In Utah For Small-Time Landlord. Please Help!

Rental Property Investor · UT · Member since 2014 · 127 posts · 68 votes

Hey everyone - I have another question to help get me to my next tenant. I have been to multiple sites trying to research the ESA laws in Utah, but am coming up with conflicting info. I read that as long as I have under 4 units, and don't have the rental listed under a broker/agent, that I am exempt from the fair housing act and can charge additional fees/rent for an ESA animal. I also found another site that states the same thing but adds that it must be owner occupied? I just had someone ask if I allow ESA animals, i said we allow animals, but there will be additional fee/rent. He countered with i thought ESA was covered under Utah laws? Haven't responded back as i need the correct info to avoid discrimination. Please help!

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Marcia Maynard

Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes

https://le.utah.gov/xcode/Title57/Chapter21/57-21-...

Utah Code, Title 57, Chapter 21, Section 5. Line 4-b vaguely covers it.

Look similar to that required by the Federal Fair Housing Act.

I always answer such an inquiry with "We welcome service animals and assistance animals for those with qualified disabilities." Later on during the qualification process we would get more into depth about the documentation we need regarding the person's disability and the type of assistance the animal provides. We don't accept the certificates people can purchase online. We also require completion of a Service/Assistance Animal Agreement that outlines the responsibilities of the animal owner, which becomes an addendum to the Rental Agreement. Happy to share that with you at the point when you need it. :-)

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Marcia Maynard
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
7y
https://le.utah.gov/xcode/Title57/Chapter21/57-21-...
Utah Code, Title 57, Chapter 21, Section 5. Line 4-b vaguely covers it.
Look similar to that required by the Federal Fair Housing Act.
I always answer such an inquiry with "We welcome service animals and assistance animals for those with qualified disabilities." Later on during the qualification process we would get more into depth about the documentation we need regarding the person's disability and the type of assistance the animal provides. We don't accept the certificates people can purchase online. We also require completion of a Service/Assistance Animal Agreement that outlines the responsibilities of the animal owner, which becomes an addendum to the Rental Agreement. Happy to share that with you at the point when you need it. :-)
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Dan Gustavson
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Rental Property Investor · UT · Member since 2014 · 127 posts · 68 votes
7y
@Marcia - I greatly appreciate your feedback. Going forward, I will definitely be using your tactics. Do you, by chance, know specifically if I am exempt from the fair housing act being that I'm a small time landlord (As of now) with only one rental unit? I did message him back stating this as that is what I've mostly found online, but want to make sure. There was only 1 other site that stated that it needs to be owner occupied, so I'm really confused, and want to make sure I'm in compliance with the law. He also was being kind of deceptive asking if I would allow the ESA animal without documentation being that it's for a minor (8 year old). Thanks again for your help!
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Aaron Cooper
Investor · Jacksonville, FL · Member since 2015 · 76 posts · 22 votes
7y
@Dan Gustavson use petscreening dot com to validate esa and pets. Its what we use in property management
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Dan Gustavson
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Rental Property Investor · UT · Member since 2014 · 127 posts · 68 votes
7y
@Aaron Cooper - Thank you for reaching out, I will for sure use that tool. Thanks again!
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y
@Dan Gustavson I agree with Aaron. I manage hundreds of rentals and started using PetScreening.com a few months ago. It's a huge time saver and you don't have to worry about the laws or service animals because they handle it all. It's free to the Landlord and it's a nice benefit to the tenant.
Also, you can adjust some of their criteria like automatic denial for certain animals. Once an animal is screened, you get a "Fido" score that is essentially a level of risk. You can develop a simple chart that determines whether you require an increase to the deposit, an increase to rent, pet fee, etc.
The DIY Landlord Book4.7243 Reviews
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Dan Gustavson
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Rental Property Investor · UT · Member since 2014 · 127 posts · 68 votes
7y
@Nathan Gesner - It sounds like an awesome tool and I will be sure to use it. Thank you!
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