Handling Multiple ESA/Animal Requests

[Zach Adams]

I have a tenant whom I allowed to have a dog in my unit due to it being an ESA animal. That dog then died. I then let them replace it with two cats, non-ESA animals. They now "asked for my opinion" on them getting a dog. I do not want this, as two cats are enough in my opinion, but I know that they are likely going to get an ESA letter and try to force me to let the dog in (this is kind of what happened with the cats). Any suggestions on handling this? Or do I just need to comply with the ESA laws if they go that route?

I did text them saying I am opposed to it, but they have been wonderful tenants (they really are), and I would charge pet rent for this dog. I did this assuming they would try to use the ESA method to get the dog. Thanks for any advice.

[Jim Johnson]

This can definitely be a tricky situation because there are two separate issues: your preferences as the landlord and your legal obligations if an accommodation is requested.

Since they've been good tenants, I'd try to keep the conversation collaborative while also making sure everything follows the proper process. If they submit a request for an ESA, I'd evaluate it based on the applicable fair housing requirements rather than assuming the outcome either way.

The fact that they've already been approved for two non-ESA cats doesn't automatically answer the question of adding another animal. I'd want to understand whether the new request is for a legitimate accommodation and whether there are any factors that would allow or require a different response under the law.

Whatever you decide, I'd make sure the process is consistent and well documented. Good communication and following the same procedure for every accommodation request can go a long way toward avoiding misunderstandings later.