Another pitbull as an "emotional support animal" applicant
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@Jack B. Contrary to the belief of many prospective tenants who have been sold a fake "ESA certificate" by the many sites online selling them, an ESA is not the same as a Service Animal, and doesn't have the same protections under the Fair Housing Act. "No pets" policies don't apply to them (they're technically not pets), you can't charge extra pet rent for them, nor can you ask about the tenants disability. However, you don't have to accept her fake letter she bought online. You can request to have the local licensed mental health professional who diagnosed her condition and provided her with an ESA recommendation contact you directly to confirm this for you (directly being the operative word here, not by sending a note to her and then she sends it to you so she can edit it/fabricate it). Usually requesting this and mentioning that you plan to check the credentials of the person making the recommendation is enough to deter any fakers. A landlord can also choose not to rent to someone with an ESA if the animal causes harm to other residents, if the property is not covered by the FHA (is less than four units and the owner occupies one of the units, is a single family rental managed by the owner, or is owned by a club or religious group that only rents to its own members), if the animal (or animals in this case) is/are too large for the living space, if the animal causes physical harm to the property, of if the animal causes undo financial harm to the landlord (such as by causing your insurance company to drop you, resulting in your mortgage company calling your loan). I've gotten halfway through this explanation with people before and they usually say "nevermind" and hang up or leave before I have finished, which is A-OK with me. It's illegal to attempt to use a fake online form to avoid paying pet rent or to avoid a no-pets policy with an animal that is not an actual ESA, prescribed by an actual licensed mental health professional.
39 Replies
@Jack B. Go to petscreening.com and set up an account. It's free. Then make all of your applicants fill out their screening. It will scare away the fakers. Also check the past 2 landlords. The current landlord may say good things to get them approved somewhere else.
@Jack B. Contrary to the belief of many prospective tenants who have been sold a fake "ESA certificate" by the many sites online selling them, an ESA is not the same as a Service Animal, and doesn't have the same protections under the Fair Housing Act. "No pets" policies don't apply to them (they're technically not pets), you can't charge extra pet rent for them, nor can you ask about the tenants disability. However, you don't have to accept her fake letter she bought online. You can request to have the local licensed mental health professional who diagnosed her condition and provided her with an ESA recommendation contact you directly to confirm this for you (directly being the operative word here, not by sending a note to her and then she sends it to you so she can edit it/fabricate it). Usually requesting this and mentioning that you plan to check the credentials of the person making the recommendation is enough to deter any fakers. A landlord can also choose not to rent to someone with an ESA if the animal causes harm to other residents, if the property is not covered by the FHA (is less than four units and the owner occupies one of the units, is a single family rental managed by the owner, or is owned by a club or religious group that only rents to its own members), if the animal (or animals in this case) is/are too large for the living space, if the animal causes physical harm to the property, of if the animal causes undo financial harm to the landlord (such as by causing your insurance company to drop you, resulting in your mortgage company calling your loan). I've gotten halfway through this explanation with people before and they usually say "nevermind" and hang up or leave before I have finished, which is A-OK with me. It's illegal to attempt to use a fake online form to avoid paying pet rent or to avoid a no-pets policy with an animal that is not an actual ESA, prescribed by an actual licensed mental health professional.
- Real Estate Broker · Chicago, IL · Member since 2015 · 1k+ posts · 2k+ votes6y
Originally posted by @Jack B.:
More and more tenants and tenant applicants are quick to perk up and claim "I have a pitbull, it's an emotional support animal" as if they have found some fool proof loophole. Some applicants have as many as 3 pitbulls. They say it with a smirk on their face. They claim they have a letter. There is a place online that will give you an ESA letter for $22 instantly...
The girl today claimed I have to accept it. I told her my insurance company doesn't allow it and the mortgage company requires me to have insurance. I've had a policy cancelled before because a tenant got a pitbull unbeknownst to me, discovered during an insurance auditors drive by.I'm honestly shocked that the laws are so ridiculous. Seems like property owners have zero rights other than to pay taxes to fund the Gestapo Government. She claimed I have to accept it, that she has had trouble finding a place that accepts the pitbull. I asked her if landlords have to accept it, why do you have such a hard time finding one that does?
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Too much discussion. If they mention a clearly fraudulent ESA, simply tell them they can submit the paperwork with their application. Then decline the application. Unless your state/municipality requires you to explain further, if they accuse you of discrimination or inquire as to why they were declined, simply state that the information they submitted in the application did not meet the stringent requirements for this unit. No need to battle it out over the phone or in person as to whether their animal is an ESA or service animal or pet and what you are or are not required to do. Unless you have a HUGE number of units where a pattern can be established nothing will happen to you.
Originally posted by @Steve K.:
@Jack B. Contrary to the belief of many prospective tenants who have been sold a fake "ESA certificate" by the many sites online selling them, an ESA is not the same as a Service Animal, and doesn't have the same protections under the Fair Housing Act. "No pets" policies don't apply to them (they're technically not pets), you can't charge extra pet rent for them, nor can you ask about the tenants disability. However, you don't have to accept her fake letter she bought online. You can request to have the local licensed mental health professional who diagnosed her condition and provided her with an ESA recommendation contact you directly to confirm this for you (directly being the operative word here, not by sending a note to her and then she sends it to you so she can edit it/fabricate it). Usually requesting this and mentioning that you plan to check the credentials of the person making the recommendation is enough to deter any fakers. A landlord can also choose not to rent to someone with an ESA if the animal causes harm to other residents, if the property is not covered by the FHA (is less than four units and the owner occupies one of the units, is a single family rental managed by the owner, or is owned by a club or religious group that only rents to its own members), if the animal (or animals in this case) is/are too large for the living space, if the animal causes physical harm to the property, of if the animal causes undo financial harm to the landlord (such as by causing your insurance company to drop you, resulting in your mortgage company calling your loan). I've gotten halfway through this explanation with people before and they usually say "nevermind" and hang up or leave before I have finished, which is A-OK with me. It's illegal to attempt to use a fake online form to avoid paying pet rent or to avoid a no-pets policy with an animal that is not an actual ESA, prescribed by an actual licensed mental health professional.
One of the RARE golden information posts on BP. Thank you.
Originally posted by @Matthew Olszak:
Originally posted by @Jack B.:
More and more tenants and tenant applicants are quick to perk up and claim "I have a pitbull, it's an emotional support animal" as if they have found some fool proof loophole. Some applicants have as many as 3 pitbulls. They say it with a smirk on their face. They claim they have a letter. There is a place online that will give you an ESA letter for $22 instantly...
The girl today claimed I have to accept it. I told her my insurance company doesn't allow it and the mortgage company requires me to have insurance. I've had a policy cancelled before because a tenant got a pitbull unbeknownst to me, discovered during an insurance auditors drive by.I'm honestly shocked that the laws are so ridiculous. Seems like property owners have zero rights other than to pay taxes to fund the Gestapo Government. She claimed I have to accept it, that she has had trouble finding a place that accepts the pitbull. I asked her if landlords have to accept it, why do you have such a hard time finding one that does?
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Too much discussion. If they mention a clearly fraudulent ESA, simply tell them they can submit the paperwork with their application. Then decline the application. Unless your state/municipality requires you to explain further, if they accuse you of discrimination or inquire as to why they were declined, simply state that the information they submitted in the application did not meet the stringent requirements for this unit. No need to battle it out over the phone or in person as to whether their animal is an ESA or service animal or pet and what you are or are not required to do. Unless you have a HUGE number of units where a pattern can be established nothing will happen to you.
I usually just tell them the insurance story and tell them I don't care and that their scam doesn't carry any weight so as to dissuade them from harassing other landlords., I can't rent to them as my insurance doesn't allow dangerous breeds and the mortgage company requires insurance. Having my property foreclosed on isn't a reasonable accommodation and the law doesn't pitbulls aren't a protected class. Unlike a service animal that is TRAINED to perform a task, the law doesn't require them to have THAT specific breed of dog for an emotional support animal. The level of sophistication of renters is really low....
- Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes6y
This is why knowing your fair housing and local landlord tenant/laws is important when renting out units. A lot of landlords end up renting to the guy with 3 pitbulls when they are uncomfortable doing so because they think they have to. This is a real thing.
- Rental Property Investor · Canton, OH · Member since 2017 · 1k+ posts · 1k+ votes6y
@Jack B.
I can only speak for Ohio, but I've been in touch with Fair Housing on numerous occasions and have been told that an ESA or SA is treated the same when screening tenants. Because of this, I've put together a form that tenants can complete if they have an ESA or SA (I also sent it to Fair Housing and they said it was good to use!).
Date: _________________
Name: _________________________________________________
Property Address: __________________________________________________________
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Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) - Reasonable Accommodation for Service Animals (SA) & Emotional Support Animals (ESA) Questionnaire
Source: US Department of Housing and Urban Development/ FHEO Notice: FHEO-2013-01
For additional questions please contact: (INSERT PHONE NUMBER)
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Yes or No Answers Only
1. Do you, or someone residing at the property with the animal, have a disability? (i.e. physical or mental impairment that substantially limits one or more major life activities?) __________
2. Do you, or someone residing at the property have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person’s existing⁸ disability? __________
3. Can the person in need of the SA/ESA provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability? ___________
4. Is the person(s) in need of the SA/ESA willing to testify in a court of law that the provided information above is “true?” ___________
My default statement is -- "as a landlord, I have no problem allowing any ESA or SA, however my insurance does. Our insurance has said we can't have this dog breed, if you can convince them to give you the green light, I'd happily rent to you!"
This way as a landlord, you aren't discriminating, you're passing it off to the insurance company to defend their logic. As my insurance agent said, let me and the insurance company's lawyers handle it, you aren't the one saying no!
- Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes6y
I just rented a house where about 1/3 of the applicants claimed a service or support animal. After clarifying it turned out that the service animals were really support animals.
Every single one was an aggressive breed. All had the INTERNET paperwork.
Many demanded that I 'had to take them". I explained my process-application, background and credit check-- then if they were selected I would see if I could accommodate their request or not. And to accommodate them I would need for them to find and purchase landlord insurance for me that covers their animal as my insurance does not. I also told them that it has already been determined that it is not reasonable to make a landlord change insurance for each rental to accommodate special requests.
- Manheim, PA · Member since 2016 · 131 posts · 138 votes6y
I have not ran into this, but as an someone who is actively involved with training of dogs. I would never allow a pit in a rental or any other junkyard dog. Nothing against the breed but most owners can't train and meet the needs of a lab let alone pitt or doberman. I tell all my applicants will be collecting applicants until an applicant is selected. At which point you will be notified if you have been approved. I would accept the letter, and the application fee and include there pets in the decision making process. She is just frustrated because she isn't being accepted because of the pet. By not giving her a yes or no it leaves the ball in her court to decide if she doesn't want to apply or not.
Here's another NY beauty.
The DOJ has informed the insurance companies here in NYS they may not exclude dangerous breeds. (Of course, this might mean they are free to charge a ridiculously high risk premium, but I am not sure.)
So, "my insurance doesn't allow it" doesn't wash here.
Originally posted by @Mary M.:
So folks take applications amd collect a application fee, knowing full well they will never rent to said applicants? And people wonder why LLs have a bad name.
Who said they were creating a revenue stream by doing that? I think know why landlords have a bad name. False narratives that malign the industry as a whole. Shame on you.
I assume everywhere in the US (like here in NY) it is a violation of Fair Housing to not allow someone to apply to your rental, even though you might know full well they have absolutely no chance of being accepted.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes6y
I agree with @Peter M. that you should just switch over to petscreening.com. It's completely free and gives you an objective third party to wade through the filth. People will still apply with an ESA but presenting a professional front and making them stick to the application requirements will scare off most of the fakers.
The DIY Landlord Book4.7247 Reviews @Jack B.
I get quite a few applicants that have "aggressive breeds" that say they are emotional support animals. I don't want to accept them because of the insurance reasons you gave. Luckily you can normally disqualify these applicants for other less problematic reasons. Normally when someone is trying to force me to accept a dog because it's an ESA they aren't the most qualified tenants to begin with. Things such as Credit score, income, previous evictions those types of things. Just dig a little deeper on them and you'll normally find these problems
- Real Estate Agent · Nampa, ID · Member since 2017 · 439 posts · 361 votes6y
petscreening.com is gold in these situations. I use for ALL animals in my properties, not just ESA's. It will confirm that the animal is indeed an ESA and eliminate the headache for you. I have had tenants decide their animals were suddenly not ESA's after having to prove it.
A few points of clarification:
1) You cannot reject ESAs based on "viscous breeds that my insurance company won't allow." Your insurance company would have to threaten to cancel your policy based on behavior of THAT SPECIFIC dog: not tendencies of that dog's breed. That can be problematic and a hassle to say an animal is individually a threat.
Solution: Do an in-home visit and see the animal in it's current environment. If there's poop all over the yard and/or the dog behaves aggressively and/or the owner cannot control the animal, then you have your "easy out." Document, deny, and move on. P.S. This also will give you a good idea of whether or not the tenants will tear up your rental. If you observe filth and/or damage to the property, then you can (and should) deny them based on THAT reason and forget about the animal entirely.
2) There is almost always a legit reason to reject an application, unless you're renting to well-qualified tenants in the B or A range. Renter's credit is often marginal or poor. Land lord references are poor or non-existent. Job stability is uncommon. Criminal background issues are common. Don't worry so much about the ESA's. Focus on finding a good tenant.
Solution: develop a written set of criteria designed to find a good renter. I can't say this will always work in every scenario, but what I have found in 15 years of being a LL is that people who try to scam you with fake ESAs often have many other problems in their lives that are legitimate reasons to deny their application without saying a word about the animal. Scammers do not compartmentalize their bad behaviors to just trying to trick LLs out of pet fees, and you will find plenty of evidence that they have lied, cheated, and failed to live up to their obligations when you pull their credit, run a background check, and contacting current and past land lords.
@Wesley W. i am merely commenting on the comments above. Hardly a false narrative. And yes, in many areas it is illegal to collect an application fee when there is no opportunity to be approved. These laws were put into place due to the abuse of application fee collections.
Originally posted by @Mary M.:
@Wesley W. i am merely commenting on the comments above. Hardly a false narrative. And yes, in many areas it is illegal to collect an application fee when there is no opportunity to be approved. These laws were put into place due to the abuse of application fee collections.
Who made those comments that you are attributing to people on this thread?
Certainly, we can all agree that every segment of society has a few bad actors.
However, in your post, you set out haranguing other landlords (that posted above, as you state) for some perceived wide-ranging ill that there does not appear to be any evidence for, at least on this thread.
To baselessly condemn the entire profession without that merit, to me, does indeed reinforce a false narrative.
If I were to muse publicly, as you did, that since a few individuals belonging to an industry (or ethnicity) did wrong, paint them all with a broad unilateral brush and declare “and people wonder why (that group) have a bad name”, I’ll bet you’d use a harsher term than “false narrative” to describe that sentiment.
Landlords have a very unfair negative public image because of a very small percentage of individuals in the industry, and you are not helping.
- Real Estate Agent · Albany/Schenectady/Troy, NY · Member since 2016 · 74 posts · 35 votes6y
Originally posted by @Wesley W.:
Here's another NY beauty.
The DOJ has informed the insurance companies here in NYS they may not exclude dangerous breeds. (Of course, this might mean they are free to charge a ridiculously high risk premium, but I am not sure.)
So, "my insurance doesn't allow it" doesn't wash here.
Is this something new? Do you have a source?
Thank You.
Originally posted by @Brian Rosher:
Originally posted by @Wesley W.:
Here's another NY beauty.
The DOJ has informed the insurance companies here in NYS they may not exclude dangerous breeds. (Of course, this might mean they are free to charge a ridiculously high risk premium, but I am not sure.)
So, "my insurance doesn't allow it" doesn't wash here.
Is this something new? Do you have a source?
Thank You.
Nor really new, but not widely publicized until recently.
http://www.fhcwm.org/uploads/files/reports/HUD_Memo_-_RA_Breed_Restrictions_Insurance.pdf
Read the last sentence on the doc.PS You can get involved in educating yourself as NY Landlord. PM me and I will connect you to the coalition group that has formed. Then you won't have to ask me for the source; you'll have access to this directly.
- Investor · Latham, NY · Member since 2014 · 217 posts · 65 votes6y
I agree with Erik. This is why I will only buy properties In B/B- neighborhoods. I need to be able to fully screen them based on pre determined criteria. Not saying it will absolutely solve the problem but it has greatly reduced my risk regarding these situations.
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