ESA exemption option for small landlords

ESA exemption option for small landlords

Chandler, AZ · Member since 2020 · 295 posts · 272 votes

In a prior post from about 2 months ago, Kerry Malarkey and Nathan Gesner mentioned a small landlord is exempt from FHA requirements requiring the acceptance of emotional support & assistance animals if one of the following is true:

"Owner-occupied buildings Properties with four units or fewer that are owned and lived in by the owner
Single-family homes Homes that are sold or rented without a broker by the owner, as long as the owner doesn't own more than three at once"
(Quote from Nathan's reply))

https://www.biggerpockets.com/forums/52/topics/1219359-pitbu...

Given this, if a landlord does qualify for the exemption, what exactly does this mean?  I can see a few possible outcomes.  Some of which may not be the intent and may in fact be illegal.  However I haven't found any clarification on this aspect yet.  What are your thoughts?  

A) Landlord denies application from tenant with ESA. (seems straight forward)
B) Landlord denies the request for ESA exemption of pet fee / pet rent, but offers the applicant the unit if they ARE willing to pay fee / rent for the animal as a pet.

Or... Should it simply be one of two choices: deny application or accept application with ESA exemption even if the property qualifies for the FHA exemption?

I can see how this idea could possibly apply to other FHA requests too.

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    1y
    Quote from @Chris B.:

    In a prior post from about 2 months ago, Kerry Malarkey and Nathan Gesner mentioned a small landlord is exempt from FHA requirements requiring the acceptance of emotional support & assistance animals if one of the following is true:

    "Owner-occupied buildings Properties with four units or fewer that are owned and lived in by the owner
    Single-family homes Homes that are sold or rented without a broker by the owner, as long as the owner doesn't own more than three at once"
    (Quote from Nathan's reply))

    https://www.biggerpockets.com/forums/52/topics/1219359-pitbu...

    Given this, if a landlord does qualify for the exemption, what exactly does this mean?  I can see a few possible outcomes.  Some of which may not be the intent and may in fact be illegal.  However I haven't found any clarification on this aspect yet.  What are your thoughts?  

    A) Landlord denies application from tenant with ESA. (seems straight forward)
    B) Landlord denies the request for ESA exemption of pet fee / pet rent, but offers the applicant the unit if they ARE willing to pay fee / rent for the animal as a pet.

    Or... Should it simply be one of two choices: deny application or accept application with ESA exemption even if the property qualifies for the FHA exemption?

    I can see how this idea could possibly apply to other FHA requests too.


     Keep in mind that while there is an exemption to the Fair Housing Act.....most states that have a state level Fair housing law do not typically provide the same exemptions as the national law.

  • Chandler, AZ · Member since 2020 · 295 posts · 272 votes
    1y

    Very good point.

    In the case of Arizona, I have been unable to locate any state law / code that suggests Arizona may have additional regulations. All of the official documents I've found so far point to the national FHA requirements as their source.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    1y
    Quote from @Chris B.:

    If you are exempt, it means you can do whatever you want. Deny the ESA. Charge a fee for the ESA. Charge extra for an ESA.

    The DIY Landlord Book4.7248 Reviews
  • Chandler, AZ · Member since 2020 · 295 posts · 272 votes
    1y

    Thanks for the thoughts!

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