Tenant tells me they want a pet and get an ESA letter when I deny

[Aram Y.]

I have a 4-year tenant living in a no-pet building. They texted me 1 year ago to say they may not want to renew their lease because they were looking to get a pet in the future - and to also to point out another tenant who had an ESA dog - that tenant has since moved out. I had responded at the time that pets were not allowed in the building, but that the other tenant had a legitimate reason and documentation to have one and had gone down the right path in doing so.

Now, a year later, just after a 1 year lease renewal, they have produced a very sketchy looking ESA letter (a letter typed on a Google document with no official letterhead) from a licensed therapist 120+ miles away indicating they need a cat as an ESA. The letter is dated exactly 30 days prior to when they submitted it to me - not sure if they were seeing them 30 days prior to that date. They are now talking about adopting a cat (using the word 'pet' as opposed to 'animal' - ESA).

IF they indicated they wanted to get a pet and were denied a year ago, can the ESA request be rejected as it's very likely bogus? Obviously, they went shopping for an ESA therapist who would give them a letter so they can get a pet. Can the therapist be called out for fraud as well?

100% ok if this tenant leaves - not a good or a bad tenant.

[Nathan Gesner]

Quote from @Aram Y.:

I have a 4-year tenant living in a no-pet building. They texted me 1 year ago to say they may not want to renew their lease because they were looking to get a pet in the future - and to also to point out another tenant who had an ESA dog - that tenant has since moved out. I had responded at the time that pets were not allowed in the building, but that the other tenant had a legitimate reason and documentation to have one and had gone down the right path in doing so.

Now, a year later, just after a 1 year lease renewal, they have produced a very sketchy looking ESA letter (a letter typed on a Google document with no official letterhead) from a licensed therapist 120+ miles away indicating they need a cat as an ESA. The letter is dated exactly 30 days prior to when they submitted it to me - not sure if they were seeing them 30 days prior to that date. They are now talking about adopting a cat (using the word 'pet' as opposed to 'animal' - ESA).

IF they indicated they wanted to get a pet and were denied a year ago, can the ESA request be rejected as it's very likely bogus? Obviously, they went shopping for an ESA therapist who would give them a letter so they can get a pet. Can the therapist be called out for fraud as well?

100% ok if this tenant leaves - not a good or a bad tenant.

Unfortunately, they are allowed to shop around for an ESA letter and there's not much you can do about it. You are allowed to reject fake documents. I would argue it's time to get rid of this tenant because they're going to continue pushing boundaries.

[Aram Y.]

The fact is that they intended and asked to get a pet a year ago. When they were denied, they resorted to an ESA letter to get around the no-pet clause. Could a rejection based on the validity of the letter AND that they got the letter only because they wanted a pet be potentially troublesome with the FHA?

[Tracy Streich]

@Aram Y.

Potentially troublesome could be the under statement of the day. First time HUD fines range in the amount of $22K!!!. If they have the letter you need to remove the word pet from you mind. It is not longer a pet but and extension of their disability, like it or not. Just like saying no because they need a wheelchair. Settle in for a 15 min read and follow the links below direct to the HUD publications

https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf

https://www.hud.gov/sites/dfiles/PA/documents/AsstAnimalsGuidFS1-24-20.pdf

[Aram Y.]

Thanks for the reply Tracy. I have read the links you sent - was somewhat familiar with them already, but thanks.

A few important details:
The letter provided does NOT have the following requirements as I have read on many online resources say it must.
- not on the therapist's official letterhead, just a typed out letter in Google docs that was forwarded by the tenant - anyone could have written it. Does include the name and license # of a therapist 130 miles away.
- does not indicate the tenant is a current or past patient, just that they have evaluated their history and concluded.
- does not indicate the ESA is a treatment (or prescription) for any condition - just a mental and behavioral health condition.
- does not have a signature
- does not have specific wording to comply with regulations (legal diagnosis, statement of treatment, ESA prescription, etc.)

I believe CA passed a law (1/22) requiring the therapist to see the patient for 30 days prior to issuing an ESA recommendation and letter.

Lastly, this tenant ASKED to bring a pet into their unit (exact text: I do want to have pets one day. Can I put down a pet deposit to get one?) a year ago, not due to a disability, but because they wanted one - which  was declined. This seems like a blatant abuse of the ESA intent.

[Jonathan R McLaughlin]

@Aram Y. Let go of the idea they asked for a pet in dealing with this. It won’t help you like you think it will.

You can ask for a pet and still have a legitimate need for an ESA in the eyes of his and a judge, since the two are not mutually exclusive your time is better spent questioning the actual ESA documentation.

[Bruce Woodruff]

Quote from @Tracy Streich:

@Aram Y.   It is not longer a pet but and extension of their disability, like it or not.   Just like saying no because they need a wheelchair.   

You mean fake disability. Hard to compare someone in a wheelchair to a fraud.

[Theresa Harris]

Ask for proper ESA letter and give them the requirements.  you could also reach out to the therapist who supposedly wrote the letter and pretend you are looking to get an ESA letter yourself to see if they are legit.  Basically ESA is paperwork allowing tenants to get pets. 

[Linda S.]

@Aram Y.,

This is a fine line, I stay away from as much as possible.     If they have an ESA letter, even if it's sketchy as heck-- if they are your tenant you need to allow that animal.   Do I think it's fake? I'd bet a lot of money it's fake!  You can easily get a ESA letter for like $100 online!    It sucks, but proving it's fake, and then asking the tenant for proof-- that's just a lawsuit waiting to happen, and oh there are lawyers happy to take down a big rich landlord like you!   Do NOT EVER REJECT AN ESA, that's just asking for trouble.  

Take the pet, and don't renew next year.  

[Jen Day]

Looks like you will have to wrap your head around the idea of this tenant getting a cat. However, you can charge a pretty hefty pet deposit at the point you agree to this.  You can cover your costs if that pet decides to do damage to your rental unit.  I did a quick Google search for this, but you can ask your Real Estate Attorney for confirmation: 

There is a maximum amount a California landlord can charge for a pet/security deposit, and that price depends on whether the rental unit is furnished. The landlord cannot charge more than two months rent for an unfurnished unit, and not more than three months rent for furnished units.

So go ahead and charge the tenant the maximum allowable pet deposit fee and see how badly they really want this pet.  You have to follow the law, but you don't have to be nice about it. Good luck with it! 

[Ron H.]

Quote from @Jen Day:

Looks like you will have to wrap your head around the idea of this tenant getting a cat. However, you can charge a pretty hefty pet deposit at the point you agree to this.  You can cover your costs if that pet decides to do damage to your rental unit.  I did a quick Google search for this, but you can ask your Real Estate Attorney for confirmation: 

There is a maximum amount a California landlord can charge for a pet/security deposit, and that price depends on whether the rental unit is furnished. The landlord cannot charge more than two months rent for an unfurnished unit, and not more than three months rent for furnished units.

So go ahead and charge the tenant the maximum allowable pet deposit fee and see how badly they really want this pet.  You have to follow the law, but you don't have to be nice about it. Good luck with it! 

An ESA is not a pet. No pet deposits allowed.  You can charge for damages though.

[Chris John]

My goodness.  Reading this thread is killing my soul.  "An ESA isn't a pet". An ESA is "an extension of their disability". 

I'm not saying you're wrong.  Honestly, you're probably right.  It's just that this scam is so obvious and so stupid.  I don't care if people are so delusional that they think they need a pet's company to survive.  Whatever.  That's a fallacy that they can tell themselves.

The fact that I'm forced to participate in the lunacy of this world is what I find so galling.  I guess there is no such thing as objective truth anymore.  I'm ignoring the elephant in the bathroom.

If I jump out of a tree and land, I'll just sue everyone that claims I'm not flying...

[Bruce Woodruff]

Quote from @Chris John:

My goodness.  Reading this thread is killing my soul.  "An ESA isn't a pet". An ESA is "an extension of their disability". 

I'm not saying you're wrong.  Honestly, you're probably right.  It's just that this scam is so obvious and so stupid.  I don't care if people are so delusional that they think they need a pet's company to survive.  Whatever.  That's a fallacy that they can tell themselves.

The fact that I'm forced to participate in the lunacy of this world is what I find so galling.  I guess there is no such thing as objective truth anymore.  I'm ignoring the elephant in the bathroom.

If I jump out of a tree and land, I'll just sue everyone that claims I'm not flying...

 Crazy world , my friend......hopefully all this woke crap goes away...soon!