Emotional support animal- pet deposit pet fee

Emotional support animal- pet deposit pet fee

San Antonio, TX · Member since 2021 · 65 posts · 13 votes

Is Pet/emotional support animal one of protected classes during tenant screening ?

I have a potential tenant who has a “licensed emotional support pet” i am not keen to have pet on premises but if all application package looks good we can accept pet (pet addendum , deposit and fee) . Is this allowed against ESA ? 

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Flipper/Rehabber · High Point, NC · Member since 2016 · 276 posts · 183 votes
4y

Emotional Support Animals are protected like Service Animals. IIRC you are not allowed to charge pet fees but you are allowed to charge the tenant for any damage caused by the animal. In my state you are also able to deny if allowing the animal would be an "undue burden" but I'm not sure what that would mean exactly.

You are also entitled to require "demonstration of need". This would be a letter from a physician or therapist explaining that the prospective tenant has a medical need for the animal.

There is *no such thing* as a license, certificate, or registration for ESAs or SAs. These are things shady websites sell most often to people who just want to take their regular pets in the store and on planes with them.

(Not a lawyer, just a lady with a service dog.)

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    A pet is not, but emotional support animals sadly yes though they are really a pet with papers.  You can ask to have documentation from a doctor in your area, do not accept documentation from an online site.

  • Benjamin AakerPro Member
    Rental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
    4y
    ESA are not pets. The pet addendum doesn't apply and you can't charge extra rent or deposit. Make sure you read the rules in your state around this. The tenant is the only one who can be given the designation of requiring an animal but there isn't to my knowledge a designation that is recognized for a licensed emotional support pet. This isn't a thing, but there are many shysters out there who will set up a website, charge $40 and give a bogus certificate. If in doubt, ask an attorney.
  • Flipper/Rehabber · High Point, NC · Member since 2016 · 276 posts · 183 votes
    4y

    Emotional Support Animals are protected like Service Animals. IIRC you are not allowed to charge pet fees but you are allowed to charge the tenant for any damage caused by the animal. In my state you are also able to deny if allowing the animal would be an "undue burden" but I'm not sure what that would mean exactly.

    You are also entitled to require "demonstration of need". This would be a letter from a physician or therapist explaining that the prospective tenant has a medical need for the animal.

    There is *no such thing* as a license, certificate, or registration for ESAs or SAs. These are things shady websites sell most often to people who just want to take their regular pets in the store and on planes with them.

    (Not a lawyer, just a lady with a service dog.)

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