Allowing Tenants with ESA Husky
I am a first time investor and I'm renting the cottage house on my own property. it has a shared backyard with myself and the tenant. I have a potential tenant who has a registered ESA dog that's a husky. The tenant told me landlords won't allow his dog b/c it's a husky. What do I need to know about allowing a tenant to have that breed specifically? Why is it a red flag for other owners? Is there anything I should do to vette the dog beforehand?
Thanks!
Most Popular Reply
@Jaclyn King, a few thoughts in general:
1. ESA's are a controversial issue and also an evolving (changing over time) one. So, be aware of changes.
2. Recently, HUD decided that they would not enforce ESA's who are not trained to perform a specific task needed to support a disabled person.
3. That change by HUD did NOT change the law only HUD's stance on enforcing it through their agency which fields complaints.
4. So, while some things have changed as a result of #2, the landscape is not entirely different from what I understand.
5. You sound like a SMALL time landlord and that might mean you are EXEMPT from the law requiring you to accept these animals! This page covered exceptions to the federal law. If you are exempt you may be able to simply say NO for that reason:
Exemptions to Fair Housing Act
6. Check your state laws! Some states may have additional protections and LESS exemptions than the federal law!
7. Always discuss with your lawyer before you take an action, but if you research on your own you can have a more thoughtful and productive discussion with your lawyer on the subject.
8. If you are required to accept an ESA or service animal I don't know that you can reject based on breed unless there is some kind of compelling issue. For example, I think if you live on the property and are allergic that might be a valid reason. I wouldn't get into that type of rabbit hole unless you have cause to do so.