Renting and Documented Emotional Support Animals (application, pay, rules, manager)
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Untrained, undocumented Pit Bulls (and similar dogs) that are claimed as "emotional support dogs" are a huge, huge problem in some neighborhoods in my city.
Wow...just wow. OP I feel for you. I'm in a similar situation, and came here hoping to get some answers, but instead have just had my fears reinforced. The question is: when do we have to disclose our ESA's to a LL to avoid being discriminated against? Before the application process? During the application process? After being approved, but before signing the lease? The problem with being upfront (and I've had this happen to me) is that the landlord will just find a different reason not to approve you, or won't even let you apply. It is extremely frustrating. I understand that many people do abuse the system, but if I were a landlord I would rather be safe than sorry. Risking a lawsuit in addition to severe penalties from the DOJ just doesn't seem worth it because you don't agree with the system. The fact is, there are laws in place specifically to prevent this type of discrimination. Sorry Charlie...
What's even more frustrating, are the people that are completely ignorant/ uninformed when it comes to mental illnesses. Major depressive disorder is not just a "case of the bummers," and even when treated it can cause serious side effects–suicide being one of them. Let me say that again, suicide is a symptom of depression. Just like other physically manifested diseases and disorders can cause death, so can mental illnesses. Just because you can't see it, doesn't mean it's not real, or life threatening. I pray none of you has to go through losing a loved one due to depression as I have. And for those of you who cannot seem to comprehend the importance of ESA's to those who suffer from mental illnesses, I can tell you first hand that I know several people who have said the only reason they are here today is because of their ESA. It may be difficult for people who have not suffered from, or know someone who has suffered from mental illnesses to understand this, but I urge you to take the time to educate yourselves. Empathy is your friend. Cynicism is not.
I'm interested in hearing from landlords here who have pet free complexes how you would address certain things (these are questions that do not affect me, but I'm just interested in hearing what you would do).
1. As already mentioned, we don't use "pets", our attorney was adamant the proper terminology is "Animal". Since we know the laws, the Assistance Animal issue isn't a factor in approving an application, so this wouldn't apply to us. However, we also provide a detailed application packet that spells out the requirements in advance so nobody who doesn't or is unwilling to meet the application requirements (including pets) should be applying.
2. Does not apply s that is just being a sleaze landlord.
3. Can't evict over a Assistance Animal. No court will accept the suit if the tenant has followed the requirements for requesting a reasonable accommodation. This just wouldn't happen and if a tenant is served eviction papers over an Assistance Animal, they just need to contact the feds who will step in.
4. Under FHA, the landlord is requited to take reasonable steps to accommodate the Assistance Animals. However, they can deny the request if it posses a health or safety concern to other tenants. The bar for such proof is darn high so the tenant with the allergies will need to provide documented medical proof and the landlord will have to show they attempted to mitigate any issues before denying the Reasonable Request. The courts are well aware of this and apply a high bar but not one unreachable in legitimate cases.
Quote:
Originally Posted by LamarOdomsDealer
Honestly though if applications were free and if my credit score wouldn't decrease due to credit checks, I would be up front and right away say "I have an ESA. Here is my doctor's letter", but they aren't and I don't want to waste my $$$ if management would not accommodate me as per FHA and try to gerrymander me (I know gerrymandering isn't the correct term...It's late and I forgot which is the non political term for that). Pet friendly complexes I agree would be the best for me as I feel I could avoid potential problems with LLs trying to find a way to get rid of me, but again due to my budget and a location that I have to stay in (it's a family thing....too long of a story), I do not have that many options.
First, there is no law or regulation that requires you to inform the landlord you have an Assistance Animal unless they ask if you have an Assistance Animal. If they say "pet", answer no. If the landlord is stupid enough to not address these issues in advance, not your fault.
Apply without mentioning any animal. Once approved and you have possession of the unit, at that point you submit a written request for a Reasonable Accommodation under FHA. That throws it back into the landlord's lap. If they know the law they will act properly and accordingly. If they don't know the law and start playing games, sue them and collect the hefty penalties associated with a violation.
Most times, the landlord are ignorant of this issue because they are just stupid and cheap! If they are so stupid to be that cheapo to act without knowing the law, hit them in their pockets and take everything from them that you can. They will learn and learn real fast when they have to fork over a $10,000 check to you and another to the feds as a penalty. Plus they still are forced to keep you and your Assistance Animal. DO NOT be afraid to bring down the full weight of the law on these idiot landlords and don't feel guilty if they are bankrupt over their ignorance!
We don't allow window air conditioners in our HOA. An occupant got a letter from her doctor that it was medically necessary to have an additional AC unit due to the height of their bedroom being on the 3rd floor and their unit was not being cooled properly.
Uh no, do not pass go, do not collect $200. I am sorry, but if the community is pet free or limits the size of the pet, I do not think the OP is entitled to have their own set of rules. Service animal, yes. Because of all of the abuse with service animals, I'm not inclined to support free passes.
Emotional support animals with a simple note from a doctor or counseler is all that's needed for an owner or tenant in a no pet or a pet weight or breed limit community to be allowed a reasonable accommodation. You can't charge a pet fee/deposit either . Sorry you/we may not like it but that's the law
Just a note from one of your doctors prescribing an emotional support dog, and a dog not proven to be certified/trained as a service animal, would not qualify IMHO.
you are wrong. Service animals do not need to be certified/trained.
All you need is a letter from your doctor or counselor.
Direct from an HOA attorney website in Floirda
July 20th, 2015
FLORIDA’S NEW SERVICE ANIMAL LAWS – A NAIL WITHOUT A HAMMER
When it comes to service dogs and assistance animals, people often confuse the Federal American with Disabilities Act (ADA) with the Federal Fair Housing Act (FHA). The ADA laws apply only to commercial (non-residential) settings. They apply to specifically trained service dogs (and the very occasional miniature horse). The ADA laws specifically exclude emotional support animals of any kind. On the other hand, the FHA laws apply to residential communities and apply to pretty much all domestic animals, including dogs, cats, pot belly pigs, etc. The FHA laws allow a person living in a residential community access to both specifically trained and untrained animals and, importantly, include the sub-category of the much beloved emotional support animal, especially when they might be otherwise prohibited by the community’s governing documents. While the ADA uses the term “disability” and the FHA uses the term “handicap”, these two terms are, for all intents and purposes, interchangeable.
What is missing from both the FHA and the ADA are penalties to prevent against fraudulent misuse of both acts. In trying to create conformity with FHA and the ADA protections and greater protection against fraud, the Florida Legislature has brought the definition of an “individual with a disability” as set out in Chapter 413, Florida Statutes, into conformity with both the definitions for the terms “disability” and “handicap” as set out in the ADA and FHA, respectively. Florida’s newest legislation also defines the term “service animal” similar to the ADA legislation to mean an animal that is trained to do work, or perform tasks, for an individual with a disability and clarifies that the crime- deterrent effect of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purposes of this definition. But, a service animal does include a dog (or miniature horse) trained to assist mentally and emotionally disabled individuals with such tasks as helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications or calming an individual with posttraumatic stress disorder during an anxiety attack. The important distinction is the dog’s training.
It is important for community associations to remember that, although this new State law exists, community associations must ensure that they do not run afoul of the Federal Fair Housing Act by requiring that an “assistance animal” be a dog or be specifically trained to assist with the disability. If so, then FHA penalties will apply.
Chapter 413, Florida Statutes, also provides that a disabled person is entitled to rent, lease or purchase any housing accommodations offered for rent, lease or purchase in this state as any other member of the general public would be entitled and is entitled to full and equal access to all housing accommodations and cannot be required to pay an extra fee for the service animal, which is in conformity with its Federal counterparts, the ADA and the FHA.
What has really gotten people talking is that this new law makes it a second degree misdemeanor offense for a person to knowingly and willfully misrepresent herself or himself, through conduct or verbal or written notice, as using a service animal, being qualified to use a service animal or as a trainer of a service animal. Those who are found to have done so may serve up to 60 days imprisonment or pay a fine of $500.00 and must perform 30 hours of community service for an organization that serves individuals with disabilities or for another organization selected by the court to be completed in not more than six months. So, what does all this mean? It means that while there is a penalty for misrepresentation where it concerns a trained service dog or miniature horse, there is still no penalty ascribed for the one major area where the most abuse occurs, that of the qualification to own an emotional support animal! In summary:
• As to residential settings inclusive of Florida’s community associations, if the dog is specifically trained to assist its owner with a handicap or disability, then the FHA and the laws set out in Florida’s Chapter 413 apply. Fraudulent penalties apply.
• If an animal is not trained and otherwise qualifies as an emotional support comfort animal, then only the FHA applies. No fraudulent penalties apply.
• As to non-residential settings, if the animal is a dog or miniature horse and is specially trained, then the ADA and Florida’s Chapter 413 apply. Fraudulent penalties apply.
With all that in mind, I’m still waiting to see a miniature horse riding in the elevator of a commercial condominium who is specially trained to alert its owner to take his or her medications. One day, I fully expect the elevator doors to open and a miniature version of Mr. Ed to look up and say, “Hello Willllllbur”.
the op has mentioned several times you need a letter from a real doctor to qualify for ES, with that being said I know several doctors who would sign a letter for me for my dog to be considered ES, that doesn't mean she is. this along with all the places on line to get "paperwork and badges" are the reason why landlords are wary of ES animals.
the best the op can do is be up front, if you got in on a lie your time living there will not be very friendly.
There is someone ahead of you, I can call you if they are not approved. I'm not very good at hanging on to phone numbers though.
To the OP, so now you are saying that someone who is stressed is automatically in worse shape than someone with severe allergies and can't breathe. I am sorry, but without breathing there isn't much else that is gonna be worse.
I am glad for this thread because I, as a LL, have learned some more about this topic. I, as I have stated before, do allow pets. No applicant has ever brought up this issue. But it surprises me that, when a property must be adapted for a reasonable accomodation the tenant needs to pay for it. But if a tenant has an ESA, the tenant needn't pay the pet deposit required of all other tenants. That seems quite unfair.
Private Landlords typically do not make very much money on their rental properties. I believe tenants have very distorted perceptions of this business and cast landlords into the role of greedy bad guy far too often.
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Emotional support animal
