North of Houston · Member since 2018 · 350 posts · 181 votes
I am leasing some bedrooms one at a time in my little apartment complex (college kids). Got one person who can not live under the same roof as a dog and she has a real doctor's letter from a local MD. I also had this jerk that wants to impose a dog on everybody and said its an ESA dog. She went so far as to get one of those internet phony silly certifications. The ESA girl hands me a letter from maybe a "doctor"? the Dr's phone number is to the web site, the acronyms of this foreign off shore doctor behind the name were many. None of the acronyms I recognized. Certainly not MD or PHD for that matter
Now the problem is gone for now, I explained if its found out that she is faking the need of the service dog, we would retroactively bill her for breaking the pet policy $100 a day, so in a year, that's $36,200 plus legal fees as a debt on her parents. I told her (and her parents) that while the deposit at that point was still refundable during the application process. They quickly cancelled and she's long gone.
I know this will happen again. Who would of won in that dispute? the person with Allergies or the Mental patient with the ESA dog? So really if that was not a faker, what would of happened?
Rental Property Investor · Round Rock, TX · Member since 2016 · 1k+ posts · 971 votes
7y
@Charley C. - if both are applying to move in, the one with the service animal wins. Otherwise, the one already in the house wins.
Also, we believe the housing provider may insist that the documentation of need be based on an in-person examination by a qualified professional because there is general agreement among the healing profession that an appropriate diagnosis cannot be made without such an examination; therefore, in our opinion, housing providers are not required to accept a "certificate" obtained by a resident from a website where the resident simply pays a fee and fills out a questionnaire to obtain the certificate without being examined in person.
Real Estate Broker · Austin, TX · Member since 2015 · 715 posts · 527 votes
7y
See below -
The federal Fair Housing Act requires housing facilities to allow service dogs and emotional support animals, if necessary for a person with a disability to have an equal opportunity to use and enjoy the home. To fall under this provision, you must have a disability and you must have a disability-related need for the animal. In other words, the animal must work, perform tasks or services, or alleviate the emotional effects of your disability in order to qualify. (For more information, see the Department of Housing and Urban Development’s guidance on service animals.)
Specialist · Owings Mills, MD · Member since 2017 · 485 posts · 415 votes
7y
If it were not "a faker" the loser would have been you the Landlord. The attached Fair Housing Link explains why.
The only questions you the Landlord can asks are:
(1) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities?
(2) Does the person making the request 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 existing disability?
Documentation:
HUD states the following in its FHEO Notice: "Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal." ). Most sources indicate that the request should be in writing and explain how the reasonable accommodation helps or mitigates symptoms of the disability. While the tenant or owner does not need to disclose the disability, he or she will need to provide documentation from a doctor or other health professional. According to HUD, a physician, psychiatrist, social worker, or other mental health professional can provide documentation that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability.
The notice can come from non US Heath care providers, even online providers.
North of Houston · Member since 2018 · 350 posts · 181 votes
7y
I appreciate the very good explanation from both of you guys on how to handle ESA applicants but every now and then, they really do have a legal need for an ESA. My question and quagmire is really not landlord verse anyone. Its a tenant with an allergy verses the tenant with the ESA dog. Sounds like the ESA wins from your links and descriptions. Students with k9 allergies will have to afford a one bedroom apartment.
Rental Property Investor · Round Rock, TX · Member since 2016 · 1k+ posts · 971 votes
7y
@Charley C. - if both are applying to move in, the one with the service animal wins. Otherwise, the one already in the house wins.
Also, we believe the housing provider may insist that the documentation of need be based on an in-person examination by a qualified professional because there is general agreement among the healing profession that an appropriate diagnosis cannot be made without such an examination; therefore, in our opinion, housing providers are not required to accept a "certificate" obtained by a resident from a website where the resident simply pays a fee and fills out a questionnaire to obtain the certificate without being examined in person.
North of Houston · Member since 2018 · 350 posts · 181 votes
7y
@Costin I. that sounds like a solid plan forward. I really appreciate it. We will require that the documentation be required to indicate they were examined "in-person" . I highly doubt a HUD regulator would have a problem with that but still not out of the woods.
Interestingly, to the right on my screen while reading the BP post, is an ad for ESA dog certifications:
USServiceAnimals.org
By looking at their website, they indicate that they have attorneys that their customers can use to sick on the landlords for not accepting there non-in-person diagnosis. I really wonder.
I guess everyone of us in the business are going get schooled in this arena
1. The letter stating the need for emotional support, by law requires that it shows a diagnosis of a mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders and that they are currently a patient, and it has to be from a Licensed Mental Health Professional, such as a clinical psychologist, licensed professional counselor, mental health counselor, psychiatrist or a licensed psychiatric, or mental health nurse practitioner, with verifiable credentials, licensed to practice in the state of residence (proof including date, type and state of license).
2. There is no such thing as an “official Emotional Support Animal registry.” This also goes for sites with names similar to “United States dog registry, “US Animal Registry,” and “Service Dog Registry of America.”
Investor · Temple, TX · Member since 2015 · 112 posts · 80 votes
7y
There is a big difference between a service animal for a tenant with a disability and an emotional support animal (ESA) for a tenant who needs support for some undisclosed reason. You must a allow the service animal without question. This is mandated by the Americans with Disabilities Act, and rightfully should be.
@Costin I. is 100% correct. An emotional support animal can be allowed only if the tenant provides a letter from an actual physician or licensed mental health care provider stating that the tenant needs the animal for emotional support. You cannot ask why they need the animal, and you cannot charge a pet deposit or pet rent for the animal if the tenant provides the proper documentation.
I’ve had this happen, and we worked through it. Tenant had a (thankfully well-behaved) dog, but I could not ask why she needed it or charge a deposit. She did have to provide a letter from her doctor, though.
There are laws protecting the landlord from being scammed on this, so no, you don’t have to accept a letter from one of the dozens of sham ESA certification websites out there. Hope this helps!
Sad but true: our politicians (both elected and appointed) deem it more important to support those with emotional problems than those with physical problems. Look at the numbers--lots more emotional walking wounded than physically handicapped. AND, it's much easier to 'prove' one's need for an emotional support animal since there really is no significant burden of proof.
Example:
Tenant #1: If i'm in the same area as a dog my throat closes up and I can't breathe! Without treatment, I could die!
Tenant #2: If I don't have my ESA around, I get very sad and unhappy and can bearly get out of bed to go to my art history class.
North of Houston · Member since 2018 · 350 posts · 181 votes
7y
Months back, I did talk to a lawyer and he gave me good advice, that was like $200 and he did not draw up an agreement in that price.
To no avail, I looked for an effective promulgated legally written ESA policy to publish or attached to the lease for forthcoming tenants. TAR, TAA (that's the Texas apartment association who should be most vested in the issue), HAR none of them put good details on what constitutes the ESA requirement.
Really want something to tell them to get a letter where they are diagnosed "in person" by a healthcare professional. For me to say it and enforce it, still leaves me exposed to legal cost whether I win or loose.
I seen lawyers use their practices to draw up and promulgate medical and dental forms for doctors to have their patients sign. So why not for landlords? I see a real good opportunity for a lawyer that wants to build their practice filling the void that our lazy ineffective trade association(s) have left us with
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
7y
Reasonable accommodation is what the law calls for. If the animal endangers the tenant with allergies, then its notna reasonable accommodation to accept the animal.
Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
7y
Last I checked having an allergy is not a protected disability . The tenants doctors note concerning dogs should have no bearing on a rental . What if the next tenant has a doctors note for cats,peanuts ,flowers etc.....
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
7y
I will agree with @Russell Brazil Reasonable accommodation. I don't think kicking out an existing tenant with their own medical condition is "Reasonable". That all being said, I wouldn't do anything upfront. I would wait until someone decided to make it a lawsuit or Fair Housing complaint. If they do, then a judge will decide if it was reasonable or not.
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
7y
Landlords need to start taking better control of these scammers with pets they try to sneak in as ESA.
You can follow the law and provide better vetting. Here is how you do it. You provide a form to their medical professional (who is treating) them to complete. You DO NOT accept letters or certificates. You ask for the e-mail and address of their local medical professional who is treating them. The landlord sends the form to the medical professional and it gets sent directly back to the landlord. On the form you ask the provider for their license number and if they are currently treating the person. You ask if the animal is necessary for treatment and what type or breed is approved. You have the medical professional sign under threat of perjury that this animal is required. This is the critical part, include verbiage on the form about the penalty for perjury. (This process is what I was told during fair housing training by a consultant the government paid to train locally.)
Having tenants give you bogus certificates is pointless. That is like asking a tenant to give you their credit score.
The reality is that so many landlords accept these fake certificates, that if you put up resistance to these scammers, they will just move on to the next sucker landlord.
On the unlikely chance a tenant tried to take you to court, they would need to get testimony from the medical professional. Online providers would never even show up or respond to such requests. On the off chance they did, ask for their credentials. Has how many "certificates" they issued and how much time they spent with each patient. It will be super easy to discredit.
Investor · Temple, TX · Member since 2015 · 112 posts · 80 votes
7y
We also have to understand that even if you rent to someone who does not have an ESA, they can still legally bring one in somewhere in the duration of the lease, as long as they have the proper documentation. @Joe Splitrock gives excellent advice about obtaining documentation directly from a licensed health care provider. Online websites are a total scam, but a tenant who does go through legal, proper channels is entitled to have their ESA, whether we like it or not.
North of Houston · Member since 2018 · 350 posts · 181 votes
7y
I honestly have no real issue when there is a clear need for an ESA dog as when the tenant goes to a real health care provider in person. Responsibly treating a condition. That shows a good character
What alarms me about someone who goes to a scammer website, is its the only way they solely treat a medical condition? horse hockey. Not a good character sign.
That ESA person is possible a scammer too. Its says a lot about their pattern of behavior and the way they are willing to lie and abuse the people they do business with (you and me).
Funny thing, (I often participate with other realtors to rent my stuff) the lions share of the ESA/cons are brought by them. Go figure
From a tenant’s perspective here... I’ve lived in this unit for 2.5 years, I’m fairly certain we have more tenants than we’re allowed to have, and I’ve dealt with anxiety, depression, PTSD, and panic attacks without help for years. The stress induced from having 4 roommates, working multiple jobs, and working my way into and through Nursing school finally put me back in a dr’s office and therapy, for both medications to help and processing triggers and abuse.
I spent 6 weeks of last fall semester feeling suicidal. I now have a prescribed ESA by my doctor and endorsed by my therapist. I also have a landlord upset and adamant about no pets, and 2 roommates who are allergic (who said they were fine if I kept my ESA in my room, originally, then went and complained to the landlord after I got her/before bringing her home). Unfortunately, I have seen people with allergies be the ones to have to move out. In this case, i was there first anyway, too. But also, pathophysiologically speaking, an allergy has a very specific response and treatment. Mental illnesses do not. The expenses a person with mental illness faces in order to be “ok”, between dr’s, therapy, physical pain associated with the body not correctly managing stress responses, treatments for that pain, more dr’s visits to try to diagnose a physical problem to explain the pain only to be told “it must just be anxiety”, an average of 3-5 different medications for anxiety/depression before finding one that helps even a little instead of making you feel like you’re not yourself.... and that’s just the start of the list, and I’m somehow one of the “high functioning” ones....
In addition, because of the potential harm a pet can cause to a housing unit, almost all housing is listed as “no pets”. If not, fees as high as $300 initially and $70/month have been added on for pets if they are allowed. I get it, overall cost to the landlord matters, too... but ESA vs Allergies? Sorry, but not only are allergies more treatable, but relocating with allergies is about a billion times easier. Also, “allergies”... as nurses, if someone says they’re allergic to a medication, we have to ask specifically what happens when they take it... some people believe an allergic response is that they get drowsy or just a little itchy, and it only happened once. We give them the med anyway in some cases because their “allergy” is more of a sensitivity or a misunderstanding of the drug’s side effects & will do them more good than harm. Likewise, an ESA may do one tenant much more good than it will do another tenant harm, allergies and all.
I asked that question to a lawyer every chance I got, the closest thing to an answer is : who was their with the health condition first? it sounds like the people with allergies where first with their condition. You should not of moved in to a home where people already had allergies.
Clearly, your need or desire for the dog/pet or what you are calling a service animal was triggered after the people with existing allergies where already living there...period, the game is over. Looks like you would move if anyone has to move
You might wanna try a poodle or something that does not dander. Locking up a poor animal in a room is inhumane as well.
So your choices
1) move
2) try an hypoallergenic breed and hope it works
3) running off everybody else to have the place to yourself because of your new disclosed mental health condition is not an option
I know that this thread is a year old but I've been just reviewing the current rules of allergies versus ESA and since this thread started the Iowa Supreme Court made a ruling on a related case that supports what Costin I. suggested. https://www.animallaw.info/cas...
North of Houston · Member since 2018 · 350 posts · 181 votes
5y
@Derek Pullen better late than never, thanks for that information.
that case, was where the landlord did have another apartment in another building for the ESA dog so it kind of mucks up the water. That's a whole lot of text to read (found myself skimming though it instead of reading every word) but did see where the author sited many other cases that could be explored.
Really needs to be different rules for student housing, where 4 people (4 leases) live in the same apartment. Where are the rights of those tenants who don't want to cohabitate with pet odors, dander, hair, pee and poo? Tenant could be living there no problem then out of nowhere, one of the roommates shows gets a letter from a real doctor allowing them to bring in a musty smelling dog
