Applicant with ESA

Member since 2020 · 85 posts · 22 votes

This is the first time I am receiving an application for an applicant for a studio with an ESA Cat. There are numerous posts about ESA laws but I am unsure as to what is the latest in Palo Alto CA. What documentation should I request? Additionally, it would be greatly appreciated if you could share addendum to include in the lease regarding the ESA animal.

The building has carpeting all over and we have a no pet policy. What can I ask in terms of how to carry the animal around to prevent anyone else complaining of allergies and such? I mean, can I ask them to always carry the pet in a carrier and not put them down on the carpet?

Please bear with me as I am navigating this for the first time but don't want to be caught in the crosshairs and still protect myself and the property.

Thanks in advance for your help.

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Nathan GesnerBusiness Member

Moderator

Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

I use petscreening.com and they will not charge the applicant if it is a legit ESA. Petscreening will ask the appropriate questions to ensure the applicant is not using a fake letter or registration purchased online. It's worth it.

Although you can't refuse an ESA, you can still set rules for them. You can't require them to keep the cat in a carrier and never touch the carpet because that is impossible to do or manage. They should always be under control of the owner, not allowed to roam free, not allowed to bark, can't destroy the property, etc. If you inspect and find the cat is urinating in the home, you can require them to mitigate the damage immediately or remove the animal.

It's important to read and understand the law. I recommend you print, study, and highlight the HUD guide: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalN...

You should also check with a local HUD office to see if they have any additional guidance they can provide you.

Keep in mind, not everyone is subject to Fair Housing requirements and you may be exempt from allowing the ESA! The Fair Housing Act may not apply to the following types of housing in some cases:

Owner-occupied buildings with no more than four units,
Single-family housing sold or rented without the use of a broker, and
Housing operated by organizations and private clubs that limit occupancy to members.

Again, talk to HUD and see if you are exempt, then you can put this entire issue to bed.

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Thomas TalbertBusiness Member
Property Manager · Austin, TX · Member since 2024 · 96 posts · 71 votes
2y
As I understand the ESA Laws in Texas if a pet is a qualified ESA then you can't treat it as a pet at all. You have to underwrite them as if they didn't have one.
A lot of those letters are fake however and we double check their authenticity with Pet Screening. It is free of charge and will catch if the letter is fake or not. petscreening.com
[email protected]512-342-9566
Prime Properties4.4244 Reviews
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Carlos Lez
OP
Member since 2020 · 85 posts · 22 votes
2y
Quote from @Thomas Talbert:

As I understand the ESA Laws in Texas if a pet is a qualified ESA then you can't treat it as a pet at all. You have to underwrite them as if they didn't have one.
A lot of those letters are fake however and we double check their authenticity with Pet Screening. It is free of charge and will catch if the letter is fake or not. petscreening.com

Does petscreening charge the applicant? What documentation do I need from the applicant to run petscreening? Thank you.
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Thomas TalbertBusiness Member
Property Manager · Austin, TX · Member since 2024 · 96 posts · 71 votes
2y
Quote from @Carlos Lez:

Quote from @Thomas Talbert:

As I understand the ESA Laws in Texas if a pet is a qualified ESA then you can't treat it as a pet at all. You have to underwrite them as if they didn't have one.
A lot of those letters are fake however and we double check their authenticity with Pet Screening. It is free of charge and will catch if the letter is fake or not. petscreening.com

Does petscreening charge the applicant? What documentation do I need from the applicant to run petscreening? Thank you.
Yes they do charge the applicant but not if it is an ESA.
[email protected]512-342-9566
Prime Properties4.4244 Reviews
Website View Page
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Henry T.
Member since 2022 · 1k+ posts · 1k+ votes
2y
Will you be doing regular quarterly home inspections with your ESA rottweiler? I sense there could be a problem. He'll have to have his cat locked up on those days.
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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
2y
I use petscreening.com and they will not charge the applicant if it is a legit ESA. Petscreening will ask the appropriate questions to ensure the applicant is not using a fake letter or registration purchased online. It's worth it.
Although you can't refuse an ESA, you can still set rules for them. You can't require them to keep the cat in a carrier and never touch the carpet because that is impossible to do or manage. They should always be under control of the owner, not allowed to roam free, not allowed to bark, can't destroy the property, etc. If you inspect and find the cat is urinating in the home, you can require them to mitigate the damage immediately or remove the animal.
It's important to read and understand the law. I recommend you print, study, and highlight the HUD guide: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalN...
You should also check with a local HUD office to see if they have any additional guidance they can provide you.
Keep in mind, not everyone is subject to Fair Housing requirements and you may be exempt from allowing the ESA! The Fair Housing Act may not apply to the following types of housing in some cases:
- Owner-occupied buildings with no more than four units,
- Single-family housing sold or rented without the use of a broker, and
- Housing operated by organizations and private clubs that limit occupancy to members.
Again, talk to HUD and see if you are exempt, then you can put this entire issue to bed.
The DIY Landlord Book4.7248 Reviews
Website View Page
1 Reply
Carlos Lez
OP
Member since 2020 · 85 posts · 22 votes
2y
Nathan, Thanks for a detailed response. I clearly don't qualify for the exemption from accepting ESAs. I will look at the HUD guidelines.
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Carlos Lez
OP
Member since 2020 · 85 posts · 22 votes
2y
Could someone comment on petscreening if it is legal (in California) to ask for a pet screening report for an alleged ESA? I was reading online on some reddit threads and it appears it has a bad rap. May setoff tenants on the the wrong foot. Specifically, what do I tell the applicant to do? Should I just say please provide a petscreening report along with completing the usual application and providing supporting document?
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