Emotional Support Animal - Bogus "Documentation"? FHA, ADA, HUD

Member since 2018 · 7 posts · 7 votes

3y

Here is the detailed ES letter I got yesterday from a tenant. I consider this to be legitimate from a local counselor:

My name is ______, LIACSW, and I am a mental health counselor with a masters in clinical social work. I have 2 years of experience as a counselor, and have been working with _________, hereinafter mentioned as ____, since May of 2021. I am writing to endorse _________ (Client DOB: 11/28/2000) use of their emotional support animal in their home and in travel. _____ is receiving counseling services for Generalized Anxiety Disorder and Depressed Mood at this time and their emotional support animal would be of great assistance in increasing their functioning. The assessment measures used were in line with present standards of practice, and were an in person mental health assessment and screening for functioning. I am intimately familiar with their history and with the functional limitations imposed by their mental health. Due to their mental health symptoms, ________ has certain limitations related to emotional regulation which impacts their concentration and capacity for engaging in activities of daily living. In order to help alleviate these difficulties and to enhance their functioning, I recommend ___________ to have their emotional support animal in their home and in other appropriate locations. The presence of their dog mitigates the symptoms they are currently experiencing. At this time, _________ experiences difficulties with feeling nervous, anxious, or on edge, not being able to stop or control worrying, worrying too much about different things, trouble relaxing, feeling afraid as if something awful might happen. concentration, low motivation, fatigue, becoming easily over-stimulated and overwhelmed, depressed mood, difficulty sleeping, anxiety and intrusive thoughts of hopelessness. ________ has utilized multiple forms of treatment intervention to manage their symptoms, and is presently attending regular therapy sessions. The presence of their emotional service animal throughout their daily routine will increase their sense of confidence and will serve as a way of increasing emotional regulation throughout their day, as the benefits of having service animals present have largely been substantiated in the scientific literature. ___________’s dog will provide a sense of continuity in their surroundings as further support during the present period of emotional upheaval. Their dog will help them to tolerate stress, regulate their emotions, and stay resilient during difficult times. As their dog serves to ameliorate their symptoms, they are part of their treatment and should be considered essential to their everyday functioning. If there are additional questions regarding the recommendation of an emotional service animal in ___________’s treatment, please do not hesitate to contact me.

2 Reply

Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

3y

If the note is not signed, then why would you accept it? Anyone can make up a note and put it on letterhead. You need a way to prove the note is real.

1 Reply

Corby GoadeBusiness Member

Investor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes

3y

Nope- the regulations here are very grey and weigh heavily in the tenant's favor. You can screen the animal but pressing for more is likely to get you in hot water. From what you have written here, this tenant knows the game and I wouldn't press my luck.

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Eliott Elias

Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes

3y

Get with a property manager who knows the market well. Don't play around with these tenants, my PM once told me 90% of tenant communication is trying to set you up and 10% is real communication

1 Reply

Julie Hartman

Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes

3y

@Marie Holloway Of course it's fake; trust your gut. With that said, our attorneys told us to "just say yes" because the trouble that comes with saying no is not worth it. Even if a pet deposit is not paid doesn't mean they are not responsible for any damage caused by the animal. I would remind them of that fact and I would still have them fill out a basic pet addendum so you have as much information on the animal as possible if there is ever an issue. We have a form we must use in the case of an ESA request and it has to be signed by the tenants "therapist" and paraphrasing it says..."does the resident need the accommodation or modification requested in order to have the same opportunity that a non-disabled individual has to use and enjoy the the apartment or community" The wording sets up the "therapist" to have some skin in the game if they say "yes" on this form as it relates to an ESA. I think 9 out of 10 would sign it but at least it's on record if things ever escalate. Good luck!

2 Reply

Matt Devincenzo

Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes

3y

Reach back out and let them know that all animals need to be screened by 'Petscreening.com'. They'll handle the document review and determining what's sufficient and what is not, and then you can just stay out of it. I accept pets and charge at the high end of market rent with no pet fees so this avoids there being an issue with an ESA etc since my rent is the same for everyone pets/ESA/Service animal it makes no difference to me.

7 Reply

Steve K.

Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes

3y

No, you most likely don't have to accept this "note" and it does not sound like the tenant has a legit claim in this case. I'd start by calling whoever wrote the note to see if they're even a real person and can verify that the tenant has a legitimate health reason to need the Emotional Service Pet, and if so then verify that whoever wrote the note is qualified to write prescriptions (must be an MD, PA, APRN). People often get Emotional Support Animals, Emotional Service Pets, and Service Animals confused. ESAs and ESP's are not Service Animals and are not protected under the ADA, so landlords have a lot more say in whether they are to be allowed or not and whether pet fees apply. ESA's are however protected under the Fair Housing Act, Section 5.

Here's what my lease says about them: Failure by Resident to obtain written permission from Manager PRIOR to introducing an ESA or ESP is a lease violation. The standard pet fees and any applicable lease violation fees/penalties will apply if Resident(s) are found to have an unapproved animal while not in compliance with ESA Certification requirements as follows: 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 will not 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 (but will not inquire about the disability beyond verifying it's existence) 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, as per the Fair Housing Act Section 5 and as 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 causes damages or harm to others in the building.

This clause usually scares tenants away from trying to sneak one in, or ask for forgiveness after the fact. I charge hefty pet fees.

3 Reply

Nathan GesnerBusiness Member

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

3y

Quote from @Marie Holloway:

If you're going to manage property on your own, it pays to know the law. Or at least where to find the law.

This is the latest guidance from HUD regarding an ESA. I recommend you read it carefully, highlight it, and keep it handy for times that you need to formulate a response.

https://www.hud.gov/sites/dfil...

The letter should be signed. You are allowed to call the provider to verify validity of the document. The document should be provided by someone that has a relationship with the patient and can verify their disability and need for the animal. Did they recently move from Michigan, or did they just find someone on the internet? You can usually search the business name and quickly determine if it's an online service.

Long story short, read the document and act accordingly.

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Russell BrazilBusiness Member

Moderator

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

3y

Call the doctor and see if its legit, seems simple enough

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Drew SygitBusiness Member

Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes

3y

@Marie Holloway contact Pet Screening dot com and have them handle. They are experts and will indemnify you against any mistakes they make.

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Malkia Ra

Rental Property Investor · Prince George's County, MD · Member since 2022 · 177 posts · 187 votes

3y

Quote from @Steve K.:

No, you most likely don't have to accept this "note" and it does not sound like the tenant has a legit claim in this case. I'd start by calling whoever wrote the note to see if they're even a real person and can verify that the tenant has a legitimate health reason to need the Emotional Service Pet, and if so then verify that whoever wrote the note is qualified to write prescriptions (must be an MD, PA, APRN). People often get Emotional Support Animals, Emotional Service Pets, and Service Animals confused. ESAs and ESP's are not Service Animals and are not protected under the ADA, so landlords have a lot more say in whether they are to be allowed or not and whether pet fees apply. ESA's are however protected under the Fair Housing Act, Section 5.

Here's what my lease says about them: Failure by Resident to obtain written permission from Manager PRIOR to introducing an ESA or ESP is a lease violation. The standard pet fees and any applicable lease violation fees/penalties will apply if Resident(s) are found to have an unapproved animal while not in compliance with ESA Certification requirements as follows: 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 will not 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 (but will not inquire about the disability beyond verifying it's existence) 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, as per the Fair Housing Act Section 5 and as 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 causes damages or harm to others in the building.

This clause usually scares tenants away from trying to sneak one in, or ask for forgiveness after the fact. I charge hefty pet fees.

This is EXCELLENT! Thank you for sharing.

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Winter Heintz

Member since 2022 · 31 posts · 34 votes

3y

Quote from @Julie Hartman:

@Marie Holloway Of course it's fake; trust your gut. With that said, our attorneys told us to "just say yes" because the trouble that comes with saying no is not worth it. Even if a pet deposit is not paid doesn't mean they are not responsible for any damage caused by the animal. I would remind them of that fact and I would still have them fill out a basic pet addendum so you have as much information on the animal as possible if there is ever an issue. We have a form we must use in the case of an ESA request and it has to be signed by the tenants "therapist" and paraphrasing it says..."does the resident need the accommodation or modification requested in order to have the same opportunity that a non-disabled individual has to use and enjoy the the apartment or community" The wording sets up the "therapist" to have some skin in the game if they say "yes" on this form as it relates to an ESA. I think 9 out of 10 would sign it but at least it's on record if things ever escalate. Good luck!

Can you share the form you use??

0 Reply

Winter Heintz

Member since 2022 · 31 posts · 34 votes

3y

Quote from @Marie Holloway:

Hi all,

I'm new at this landlord gig and I have a bit of a dilemma. A tenant asked if they could adopt a pet; when I replied with the information regarding deposit and pet rent, I never heard back until I followed up today (3 weeks later), making sure they saw my email, and reminding them that having an unauthorized pet would be a violation of their lease agreement. They replied within an hour with a note from a "doctor" in Michigan (we're in Texas) stating they need the Emotional Support PET (not "Animal" - an important semantical difference). The note was not signed but does appear to be from an actual doctor (though again - halfway across the country). Do I have a leg to stand on here, or just let it go? Everything I've ready from the HUD says a landlord can request "reliable" documentation from the tenant. But what does "reliable" look like? Another internet source (not the HUD, just a website) mentioned the doctor should be from within the same state. Spidey senses say they're just trying to get out of paying their rent. I'm also very aware of what a disability discrimination claim could cost. And yes, I already know - I'm not going to ask them for details of their disability. What should I do?

Marie

Call to verify. Trust your gut. Let them know you need a signed letter. People who are not willing to pay a pet fee are most likely not willing to pay court fees either, FYI.

0 Reply

Ned J.Pro Member

Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes

3y

My understanding is that the "Dr" that provides the letter must truly have a medical relationship with the "patient". An unsigned letter doesn't prove that relationship exists.

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Jonathan R McLaughlin

Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes

3y

actually, before calling, etc. I would throw it back to the tenant, politely and simply explaining the requirements as outlined in the law, mention that you are glad to accept any ESA that meets the requirements and requesting that information in the proper format so you can make the appropriate accommodations.

If she supplies it--a big if and my money is on "no"--then you can verify and go through the process then. Meanwhile you are on record as being scrupulously accommodating. You are cooperating, not opposing.

1 Reply

Julie Hartman

Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes

3y

Quote from @Winter Heintz:

Quote from @Julie Hartman:

@Marie Holloway Of course it's fake; trust your gut. With that said, our attorneys told us to "just say yes" because the trouble that comes with saying no is not worth it. Even if a pet deposit is not paid doesn't mean they are not responsible for any damage caused by the animal. I would remind them of that fact and I would still have them fill out a basic pet addendum so you have as much information on the animal as possible if there is ever an issue. We have a form we must use in the case of an ESA request and it has to be signed by the tenants "therapist" and paraphrasing it says..."does the resident need the accommodation or modification requested in order to have the same opportunity that a non-disabled individual has to use and enjoy the the apartment or community" The wording sets up the "therapist" to have some skin in the game if they say "yes" on this form as it relates to an ESA. I think 9 out of 10 would sign it but at least it's on record if things ever escalate. Good luck!

Can you share the form you use??

I would love to share it with you but it's through our law firm and we have to pay for it so I think it would be a violation of our contract with them. Plus there are 3 different forms depending on the situation since these types of things are case by case.

0 Reply

Charley C.

North of Houston · Member since 2018 · 349 posts · 181 votes

3y

I have a had a plethora of people pulling that stunt, what they did to you is insulting. Perhaps you would need tell them straight up in a stern polite way that letter is a farce. Tell that liar to go get a real letter from the real licensed medical doctor. I do it all the time. Those out of state letters that say they have licenses often are people impersonating the licensed doctor, I even found where one tenant paid $300 for a phone call with the "doctor" and it was not even the doctor with the license but an imposter. I got too many stories to tell but I stop there

I did look in to petscreening and I think they write their own rules and don’t know the laws. They will even accept any ole social workers letter. Also read the laws, from TEXAS many documents you can search up on the sates websites. More critically, the laws point out that the tenant must not be able function with out the dog. That said, if the doctor (who is not a lawyer) does not put that fact there in the letter? Well, you fill in the blanks.

This ESA thing has gotten way out of hand

Good luck

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Melanie ThomasBusiness Member

Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 489 votes

3y

Life changing advice regarding service animals...... check out Petscreening.com! They will do all the leg work for you, get this.... FOR FREE! They charge the tenant a nominal fee. Check them out! Happy investing!

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Emotional Support Animal - Bogus "Documentation"? FHA, ADA, HUD

Emotional Support Animal - Bogus "Documentation"? FHA, ADA, HUD

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