Tenant Has Rottweiler and German Shepard as ESA. How to proceed

Rental Property Investor · Rocky Hill, CT · Member since 2019 · 42 posts · 20 votes

I have an applicant who has listed a Rottweiler and German Shepherd as their support animals. How do I proceed of letting them know we are not interested in renting to them?

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Colleen F.Pro Member

Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes

@Patrick Fanning There are a few points that get me with these service animals. How can you have more than one ? You need more then one service? The other is why dont people have to take sevice animals with them. You need a service animal so bad but you leave them alone 10 hours a day... The short answer for you is find a better tenant or look for a different disqualifier on this one.

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
3y
one thing many landlords do is say their insurance company wont allow them.. I know many insurance companies wont.
My shepherd bit someone that walked into my home without permission.. just nipped her in the butt.. but she made a claim insurance paid it then excluded the dog from then on. .
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Patti RobertsonBusiness Member
Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
3y
If the animals are truly ESAs you cannot deny them any more than you could deny a tenant in a wheelchair building a rent to enter the front door. Your insurance not covering the breed is not an allowable reason for denial. Insurance companies are starting to life the breed restrictions and states are starting make laws forcing them to.
You can set up a free landlord profile at petscreening.com. As long as you agree to have every applicant complete a profile - no pets, pets, assistance animals - they will validate any ESA and service animals claims and tell you if they are legit. If they are legit, you are discriminating against someone with a mental disability if you deny based on the ESA.
Read this article that announces Nevada's new law preventing insurance companies from restricting breeds.
https://www.ktnv.com/13-invest...
757-472-2547
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
You cannot deny ESAs even though they are a huge scam. But you can just rent to someone else. I mean you already had other applicants right (wink wink)
You can also deny them if the animals are not covered by your insurance and a few other reasons: are they too large? Was the letter a legit one? (most aren't) Are they a danger? Do they cause damage?
https://www.hepper.com/why-lan...
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
My personal technique is to tell them that we don't discriminate against ESAs, but we have to check with the insurance company because certain breeds are not covered and it would be an "unreasonable request" for the owner to change insurance providers. Meanwhile, I find another renter as quickly as possible.
Be careful with this! If you know the insurance provider has no restrictions, then it would be a violation of the law to claim otherwise and could set you up for a Fair Housing violation.
Such a scam.
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
What @Nathan Gesner said ^^
And I don't understand why landlords keep having trouble passing on a tenant they don't want. All you do is accept a bunch of applications for a week or so and then pick the best one. Don't call the others back, just tell them (if they call) that you have chosen someone else. Period. Click.
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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,

Not much you can do for the current applicant, but to address the issue properly in the future, establish a clear, written, Assistance Animal Policy that you can provide to prospects that claim to have an ESA. You are allowed to establish reasonable rules for the animals, such as requiring a current Vet's health report and verification of current vaccines; must be on leash or in carrier on common areas and in stairwells, elevators, or other tight spaces. No offensive odors can emanate from the residence. Cannot disturb others with barking (unless alerting for a medical issue) or aggressive behavior. Must have a chip or Collar with ownership info. You can require the animal is spayed or neutered, unless a Vet states it is medically contraindicated.

In addition, you can provide a sample "Accommodation Request" form that specifically states the two questions you can ask, and requires verifiable signature from a local Doctor, Social Worker, or other professional. This should also require their license info and business/clinic location. Both the Vet report and the Professional's request do not have to be accepted if they are not verifiable, or printed from some "Registry" online. Unless the person just relocated, they need to be locals that have actually met with the patient or the animal. They should be reasonably current, a year or less old, and you can require an annual update/confirmation of status quo. When trying to verify, you cannot ask anything about the disability...only ask if they met with this person/animal and signed the document you have.

If you present a clear and well prepared policy, you are showing that YOU know the rules, and expect that they will too. More often than not, they will not want to jump through the hoops. And remember, this is all before you have run credit and background checks....
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
3y
Great advice. You can save yourself the time and trouble by signing up for a free account with petscreening.com and let them handle it. They do a great job of weeding out the scammers.
I no longer have a "pet" policy. I use "animal" policy and try to always use the term "animal" instead of "pet" when discussing with people. Why? Because so many will get caught sneaking in a cat or dog and when you hit them with a violation they claim our application only asked about pets.
So I have an "Animal Policy" that addresses requirements for pets and service animals and it includes all the things Richard mentions about noise, control, cleaning up, damages, etc. Just because the law requires us to accept a service animal doesn't mean it requires us to accept bad behavior.

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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
3y
@Patrick Fanning There are a few points that get me with these service animals. How can you have more than one ? You need more then one service? The other is why dont people have to take sevice animals with them. You need a service animal so bad but you leave them alone 10 hours a day... The short answer for you is find a better tenant or look for a different disqualifier on this one.
5 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
I think they have enough options for a landlord to get out of this nowadays.....
Just be careful.. .
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Steve Vaughan
Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
3y
This should have been pre-screened out before they even knew your contact info.

1st 2 questions that must be answered in the for rent posting before they get a response from me: How much do you smoke? How many animals do you have?

My PM didn't do this and was fired shortly. Saying no pets/smoking doesn't mean sh*t. Make them tell you.
1 Reply
Kevin Sobilo
Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
3y
@Patrick Fanning, I think there is a step #1 that folks like @Patti Robertson and @Bruce Woodruff are forgetting.
Is your rental subject to fair housing law? If it is exempt then you can simply deny their ESA.
https://www.nolo.com/legal-encyclopedia/does-the-federal-fai...
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Kevin Sobilo:

@Patrick Fanning, I think there is a step #1 that folks like @Patti Robertson and @Bruce Woodruff are forgetting.
Is your rental subject to fair housing law? If it is exempt then you can simply deny their ESA.
https://www.nolo.com/legal-encyclopedia/does-the-federal-fai...
Good points! I usually mention these. Thanks, Kevin!
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Patti RobertsonBusiness Member
Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes
3y
@Kevin Sobilo - I am not "forgetting" anything. I want to ban cheaters just like everyone else, but think a landlord is just a schmuck if they tell a tenant they can't have a handicap accommodation like a wheel chair ramp, grab rails, or legitimate ESA. If you want to be "that" landlord, you do you. I on the other hand prefer to be a good human.
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Patti Robertson:

@Kevin Sobilo - I am not "forgetting" anything. I want to ban cheaters just like everyone else, but think a landlord is just a schmuck if they tell a tenant they can't have a handicap accommodation like a wheel chair ramp, grab rails, or legitimate ESA. If you want to be "that" landlord, you do you. I on the other hand prefer to be a good human.

The key words here are 'legitimate ESA'. ESAs are such a huge scam now the HUD is even changing their rules to stop the abuse. Most ESAs are just ordinary pets that people are trying to sneak in by doing an end-around. The vast majority of ESAs are 'cheaters' as you call them. IMO, they should do away with ESAs altogether and make everyone qualify their pets as Service Animals, with the appropriate training...
1 Reply
Kevin Sobilo
Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
3y
Quote from @Patti Robertson:

@Kevin Sobilo - I am not "forgetting" anything. I want to ban cheaters just like everyone else, but think a landlord is just a schmuck if they tell a tenant they can't have a handicap accommodation like a wheel chair ramp, grab rails, or legitimate ESA. If you want to be "that" landlord, you do you. I on the other hand prefer to be a good human.

@Patti Robertson, so you think you are a "good human" because you intentionally give out incorrect information meant to coerce people into doing what you think they should do based on your own beliefs? That sure is an interesting definition of "good human". I'm sorry, but lying to coerce people into doing something that may not be in their best interest doesn't fit my definition of "good human".

I'm just trying to share information. Each person can make their own decisions on whats ok for themselves.
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Dan H.Pro Member
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
3y
Quote from @Patti Robertson:

If the animals are truly ESAs you cannot deny them any more than you could deny a tenant in a wheelchair building a rent to enter the front door. Your insurance not covering the breed is not an allowable reason for denial. Insurance companies are starting to life the breed restrictions and states are starting make laws forcing them to.
You can set up a free landlord profile at petscreening.com. As long as you agree to have every applicant complete a profile - no pets, pets, assistance animals - they will validate any ESA and service animals claims and tell you if they are legit. If they are legit, you are discriminating against someone with a mental disability if you deny based on the ESA.
Read this article that announces Nevada's new law preventing insurance companies from restricting breeds.
https://www.ktnv.com/13-invest...

I read the HUD guidelines on ESA and LLs must do reasonable things to accommodate ESAs and service animals. In my view changing insurance policies on my number of units does not qualify as reasonable action especially if it results in increased insurance costs. Unless HUD wants to provide me a written guarantee that my lawyer tells me protects me and will cover any damages from any lawsuit on an uncovered ESA then the tenant is not renting my units if they have an ESA that my insurer will not cover.
California has passed AB-468. AB-468 places minimum requirements on the medical providers who ascertain the need for ESA and penalties for providing bogus ESA support letters.
In my rental listings I site both we abide by AB-468 and make use of pet screening.COM to discourage tenants with bogus ESAs from applying. It has significantly reduced my applications from tenants with an ESA. It is easier for tenants with bogus ESAs to rent someone else’s unit. Our application fee is reasonable, but if there is a chance to be rejected due to not having a valid ESA, then they choose not to apply rather than lose their application fee.

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Steve K.
Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
3y
There's always confusion between the rights of Service Animals and ESA's.

Here's my lease clause relating to ESA's, below. When I'm screening, if someone mentions they have an ESA I send them this and I usually don't hear back from the people who know that they don't actually have legit ESA letters:

"ESAs are not Service Animals and are not protected under the American Disabilities Act. They are however protected under the Fair Housing Act, Section 5. ESA Certification requires diagnosis from a local health professional. The local health professional must have licensure that allows them to legally write prescriptions (MD, PA, APRN). Master level certifications such as LCPC, LCSW are not legally allowed to write prescriptions and letters from these practitioners do not need to be accepted. The health professional and the person with the ESA must have an ongoing relationship, not just a one-time assessment. The letter must be signed, dated, valid for the entire period of the lease agreement, and on the official letterhead of the local health professional. Manager must be able to verify the presence of a disability and the link of the animal to the disability with the local health professional that provided the certification. The nature of the disability does not need to be disclosed. Manager does not accept any ESA certification obtained online. Legal reasons Manager may deny an ESA, determined at the discretion of Manager, include:
- The animal is too large for the accommodation size.
- If the building has 4 units or less and the owner lives in one of the units.
- If the property is a SFH and the owner owns less than 3 SFH's.
- If the animal brings an undue financial hardship to the building owner.
- If the animal would cause damages or harm to others in the building."
@Patrick Fanning if any of the above reasons apply to you, my understanding is that those would be legitimate reasons to deny the Rottweiler and German Shepard (maybe they're too large for the accommodation size? Or maybe the Fair Housing Act doesn't apply to your property (4 units or less and you live in one of the units, or a SFH and you own less than 3 SFH's)? Or maybe renting to them would bring an undue financial hardship to you as the building owner? Maybe they got their certification letter for $20 online and it's actually bogus (not written by a local mental health professional with a title that allows them to write prescriptions, who you can call to verify that they have an ongoing relationship with the prospective tenant, and the prospective tenant has a disability that requires an ESA)?
If none of the above apply then as others have mentioned the best course of action might be, "Sorry, we went with the first qualified applicant that applied and the unit has been rented." Good luck!
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
@Steve K. That is the best response regarding ESAs ever...brilliant!
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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
3y
And what gets me is that a true service animal accompanies the tenant almost everywhere whereas an ESA sits in the apartment all day waiting for the owner to come home from work.
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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
3y
Quote from @Colleen F.:

And what gets me is that a true service animal accompanies the tenant almost everywhere whereas an ESA sits in the apartment all day waiting for the owner to come home from work.

Yep. I guess it's' emotionally supporting' their owner from afar... :-)
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