Emotional Suppor Animal - questions to ask

Member since 2019 · 9 posts · 0 votes

I've seen some other very helpful posts on emotional support animals. I'm checking in particular on what questions I can ask. Let's say it's a large dog, a breed frequently used as a guard dog, in a neighborhood with many small children.

In order to determine whether the animal poses a threat to the health and safety of others, can I not ask about the animal's training and temperament?

Seems like I can, following MN housing law below, but applicant does not agree. Wondering what questions you ask in these cases.

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Russell BrazilBusiness Member

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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes

You know everyone's issue with animals could be simplified by simply accepting pets and bumping the rents up. I accept pets in my rentals. I get tenants that oay higher rents and stay for for substantially longer than my tenants without pets.

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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,
Once they have pulled the ESA card, you are limited to two questions. Does the person have a qualifying disability (as defined by HUD)? Does the animal perform a task or service, or alleviate a symptom of the disability?
No, you cannot ask for a "demonstration" of the animal's ability. IF an Assistance Animal acts aggressively or injures someone after move in, then you can, with appropriate steps, have the animal and/or the Tenant removed, but you cannot do so preemptively.
For these reasons, I always recommend that if you have a NO Pets Policy, you should have a separate Assistance Animal Policy also. You can place "reasonable" restrictions on them, such as requiring a Veterinarian's health report; requiring spay/neuter to prevent aggressive behavior or commercial use; animal must be in a carrier or held when in confined spaces such as elevators and stairways, and leashed in common areas (unless this interferes with the task the animal performs, such as a seeing eye dog); handler must clean up after the animal in all common areas; handler must maintain sanitary conditions for the animal including no offensive odors emanating from the residence; animal must not disturb neighbors with nuisance barking or aggressive behavior; and you can require annual updates of both the "request for accommodation" letter and the Vet report. You can also require the request for accommodation be from a "reliable" source. That source can be a Physician or Social Worker, but should be verifiable. For my purposes, if a prospective Tenant is new to the area, a letter from an appropriate source from their prior location would be acceptable. If they have lived locally for several years, then it would, in most cases, need to be a local source. Online "certificates" etc. are simply not acceptable.
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Melanie ThomasBusiness Member
Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 489 votes
3y
Check out PetScreening.com. It takes all of the hassle and liability from you for FREE as the landlord. They will request all the required paperwork, verify the legitimacy etc... its a no brainier. Good luck & happy investing!
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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
3y
You know everyone's issue with animals could be simplified by simply accepting pets and bumping the rents up. I accept pets in my rentals. I get tenants that oay higher rents and stay for for substantially longer than my tenants without pets.
[email protected]301-893-4635 Podcast Guest on Show #192
District Invest Group546 Reviews
Website View Page
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Dave Rav
Summerville, SC · Member since 2018 · 553 posts · 252 votes
3y
Quote from @Russell Brazil:

You know everyone's issue with animals could be simplified by simply accepting pets and bumping the rents up. I accept pets in my rentals. I get tenants that oay higher rents and stay for for substantially longer than my tenants without pets.

You are correct. The only issue is with accepting pets, we are opening ourselves up to (even) more risk and liability. Not to mention animals can do substantial damage to a property. They can tear up flooring, scratch holes walls (once had a less-than-wise tenant keep his dog shut in a room - the dog scratched multiple holes in our drywall, as well as obliterated both the bedroom door and closet doors), and urinate on the floor (if it gets into the subfloor, its nearly impossible to eradicate). A non-refundable pet deposit of say, $500 OR even a monthly rent upcharge of $75 per month just doesn't cover potential damages.
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Dave Rav
Summerville, SC · Member since 2018 · 553 posts · 252 votes
3y
As for what you can do @Peter Burnside, I do believe you are permitted to ask for animal history. If your local governmental body has records that the animal caused human harm, then you may have an argument.
IMO, the big issue with ESAs is that the concept is largely abused. In many instances, it has become slang for "I just want to bring my animal with me everywhere." My latest experience was some genius brought his dog to our local fitness center. I'm not allergic, but consider the health ramifications of the gym client with pet allergies who is running on the treadmill (already short of breath) and sustains an allergic reaction from the pet. Bringing your pet to the gym just isn't feasible. It. Just. Doesn't. Work.
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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
3y
Quote from @Russell Brazil:

You know everyone's issue with animals could be simplified by simply accepting pets and bumping the rents up. I accept pets in my rentals. I get tenants that oay higher rents and stay for for substantially longer than my tenants without pets.

I get about $25,000 extra per year in premiums, and spend less than $1,000 per year in additional costs from pets.
[email protected]301-893-4635 Podcast Guest on Show #192
District Invest Group546 Reviews
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