Support Animal Pointers

Support Animal Pointers

By now, every landlord has a story that starts with, “We had an ESA once that …” The problems dealing with emotional support animals are many.  Sometimes it is good to step back and take a look at your policies to make sure you are still in compliance with the laws. Here are some pointers. 

Initially, do not assume an animal is a support animal.  Until told differently apply your pet polices including: no pets; extra fees; pet rent; and weight and breed restrictions.  Fair Housing laws do not apply to pets.  However, once you are told the animal is a support animal, the rules change.    

Support animals are an exception to your pet policies.  These animals are referred to by many names including: emotional support animals, therapy animals, service animals and assistance animals.  Regardless of the name, Fair Housing laws will apply. 

            To make an accommodation or change to your pet rules, the resident/applicant must be disabled.  Under Fair Housing laws, a landlord is entitled to know if the resident/applicant is disabled and if he/she needs the animal because of a disability.  There are many ways to obtain this information.  If the resident is obviously disabled or collects disability benefits as income, they are considered disabled under Fair Housing laws. Otherwise, they will need reliable documentation stating they are disabled.  You are also entitled to know that the resident/applicant has a disability-related need for the animal.  Since the need is seldom obvious, in most cases, the resident will need documentation stating they need the animal because of his/her disability. 

            The documentation can vary.  It may be from a doctor, nurse, therapist, social worker, etc.  Basically, anyone with first-hand knowledge of the resident and their disability.  You may ask for a form to be completed, but you may not deny the accommodation if the form is not completed. 

            Documentation purchased from a website which focuses on selling ESA letters is not considered to be reliable.  If you suspect the letter may have been purchased, you may ask the resident/applicant which website they used to get their letter.  Most residents/applicants will tell you because they are convinced the letter is legitimate.  If they did obtain the letter from an ESA website, you may ask for additional information from their personal healthcare provider stating they are disabled and need the animal because of a disability.  Be careful.  There are websites that provide legitimate healthcare services on-line.  Those websites look different.  They provide services for multiple issues and they accept insurance.  ESA websites only provide ESA services and take credit cards. 

            You may not specify what kind of animal the resident has as a support animal.  You may not charge extra deposits, fees or rent. You may not restrict the breed or the weight of the animal.  You may not require the animal be trained.  If the animal is unique or is not a typical household animal like a dog, cat, turtle, gerbil, etc., you may ask for additional information on why the resident/applicant needs this specific animal or the specific type of animal.  For example, if the resident/applicant has allergies to most common household animals, he/she may need a snake. 

            If the resident requests multiple animals, the documentation needs to state they need multiple animals and the independent reason for each animal.  They should not have multiple animals for the same purpose. 

            Once you have the paperwork right, the resident will need some rules.  Not pet rules!  These rules are separate from your pet policy.  Remember, a support animal is not a pet.  You may require the animals be kept under control, the resident pick up after the animal, the animal does not disturb others, and is kept current on vaccinations. 

If you have problems with a support animal, you can address the issues under your lease or rules.  If the neighbors complain of noise from the animal, treat it just like any other noise complaint.  If the animal becomes aggressive and begins threatening other residents or other animals, you may ask that the animal be removed from the property.  If the animal causes damages, the resident is responsible for the damages. 

If you have questions, contact your fair housing attorney.  For more information, read HUD’s publication on assistance animals.  It can be found at: https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf