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I'm trying to see if legally I am allowed to say no if an application says "Do you have any pets?" ..........
Well, you don't have a pet (if that emotional support dog is your only animal), but it is deceit by omission. Plus, you are supposed to request a reasonable accommodation. That doesn't mean sneaking your non-pet dog in without the landlord's knowledge and then claiming the dog is an emotional support animal after you get caught.
Unless you love to move frequently, your life will be easier if you cultivate a good relationship with your landlord. A good relationship with your landlord does not mean lying and deceiving in order to get your own way.
There are enough landlords out there who understand the law, and there are many landlords out there who are hoping for good tenants with good credit, no criminal record, and sufficient income to pay the rent. If you are a good tenant, you will find someone who will accept that dog without making any fuss about it.
You might be legitimate with a legitimate emotional support animal, but landlords all over the country are bombarded with an endless number of fraudulent claims about service dogs. In my area, every pitbull, no exception, 100% of the pitbulls, belonging to tenants are "service dogs". It's not because the owner is handicapped, it is not because the dog is trained, it's not because anyone needs the pitbull for the quality of their life. It is becasue landlords do not allow pitbulls and the pitbull owners have discovered they can deceive their way fraudulently into a rental.
It makes landlords gun shy about service animal claims. The emotional support animals are even worse because they don't have too have any training and can be totally out of control. So much fraud makes life difficult for the people with legitimate service animals and legitimate emotional support animals, but I can tell you for sure that nearly 100% of the people applying to rent from me claiming that their dog is federally protected are lying and their dog is just a pet, and often not of the breed that they claim it is.
That is what is making your life more difficult, OP, but it is not an excuse for you to lie or deceive, too.
Show me proof HUD will not allow someone with an ESA to live on property because I cannot seem to find anything supporting that.
If you are landlords and refuse to allow someone with an ESA to live on your property, you deserve to get sued for not following Fair Housing Act policies and terms and I hope you lose. Are there people who take advantage of this by having fraudulent letters? Yes, so if it bothers you, you contact the Dr. on the form to verify that the doctor actually wrote that letter. If this is during the time of an application, you deny the future tenant due to fraud. If this is a current tenant, you have the right to evict due to fraud.
Show me proof HUD will not allow someone with an ESA to live on property because I cannot seem to find anything supporting that.
If you are landlords and refuse to allow someone with an ESA to live on your property, you deserve to get sued for not following Fair Housing Act policies and terms and I hope you lose. Are there people who take advantage of this by having fraudulent letters? Yes, so if it bothers you, you contact the Dr. on the form to verify that the doctor actually wrote that letter. If this is during the time of an application, you deny the future tenant due to fraud. If this is a current tenant, you have the right to evict due to fraud.
Your actually opinion on this is irrelevant.
You can legally discriminate on many levels. As a landlord, I could simply state that I didn't like the color of your shirt, and deny you. Perfectly legal.
Having an ESA does not force a landlord to rent to you. They are many ways around it.
You can legally discriminate on many levels. As a landlord, I could simply state that I didn't like the color of your shirt, and deny you. Perfectly legal.
Having an ESA does not force a landlord to rent to you. They are many ways around it.
Yes, however it is illegal to discriminate for someone who has an ESA or a service dog.
Again show me that HUD does not allow ESA on properties because I cannot seem to find such a thing when I Google it.
A suggestion: where the application asks if there is a pet, answer "No pet, but I have an emotional support dog with all of his legal documentation."
I agree with this.. OP , I think you should respond with what Oregonwood said when asked if you have any pets. I'd also suggest you bring the dog with you so they see that it's a well behaved social animal.
Easy enough to look up by googling HUD housing and service animals... DOJ does not count ESA as service animals and not covered under ADA. However you need to look up your state and jurisdiction for additional information....
Purpose: This notice explains certain obligations of housing providers under the Fair Housing Act (FHAct), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the
Housing Act (FHAct), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) with respect to animals that provide assistance to
Americans with Disabilities Act (ADA) with respect to animals that provide assistance to individuals with disabilities. The Department of Justice's (DOT) amendments to its
individuals with disabilities. The Department of Justice's (DOT) amendments to its regulations' for Titles II and III of the ADA limit the definition of "service animal" under the
regulations' for Titles II and III of the ADA limit the definition of "service animal” under the ADA to include only dogs, and further define "service animal" to exclude emotional support
ADA to include only dogs, and further define "service animal" to exclude emotional support animals. This definition, how ever, does not limit housing providers' obligations to make
animals. This definition, however, does not limit housing providers' obligations to make reasonable accommodations for assistance animals under the FHAct or Section 504. Persons
reasonable accommodations for assistance animals under the FHAct or Section 504. Persons with disabilities may request a reasonable accommodation for any assistance animal,
with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal, under both the FHAct and Section 504. In situations
including an emotional support animal, under both the FHAct and Section 504. In situations
where the ADA and the FHAct/Section 504 apply simultaneously (e.g., a public housing where the ADA and the FHAct/Section 504 apply simultaneously (e.g., a public housing
agency, sales or leasing offices, or housing associated with a university or other place of education), housing providers must meet their obligations under both the reasonable
education), housing providers must meet their obligations under both the reasonable accommodation standard of the FHAct/Section 504 and the service animal provisions of the
accommodation standard of the FHAct/Section 504 and the service animal provisions of the ADA.
Yes, however it is illegal to discriminate for someone who has an ESA or a service dog.
Again show me that HUD does not allow ESA on properties because I cannot seem to find such a thing when I Google it.
I never said that HUD does not allow ESA's. What I said was that as landlord, I would find another...legal...way to deny you tenancy. Find a place that allows pets. Landlords are fed up with this ESA crap.
Basically you have tp tell them you have a ESA or actual service animal. The LL does have some rights and can ask for certain things. And nowhere does it say they can't charge a reasonable pet deposit.... Unless that is somewhere else in the assorted levels of paperwork with specific programs. It only says REASONABLE accommodation...... i.e. can't ask outrageous pet deposit or flat out turn down just because of your support animal. But keep in mind there are plenty of legal ways around not accepting a tenant and lying on an application regarding your ESA is one of them....
Personally because of the BS is so many places people are getting and using fake credentials for and ESA and that SHOULD **** of those that TRULY need the support. If you truly need that ESA you NEED to become active in finding a way to regulate ESA credentials country wide so you are not lumped into the same category as the system abusers.....
I allow pets in my properties so this would not be an issue for me. However if an applicant checked NO, I would reject the application for lying.
I, as do many private LL's, only provide an application to those I have met and screened. I know the pet and smoking answers before they are handed an app. So, the real question here is likely apartment complexes.
Recently I was viewing some apartments for purposes of housing next summer. I went into a large apartment complex that is a corporate owned place and toured. I liked the place. I asked if they allow pets. The answer: "No, unless a service animal." I betcha this place would accept an ESC. If I was in the situation of the OP, I would phone apartment complexes and ask if they accept service animals. Yes, I know the emotional support companion is not the same. But those that readily say "Yes" already have the good attitude I would be seeking.
And then, if I viewed the apartment and wanted it, on the application I would do as OregonSmoke suggested and answer "NO" and write in Emotional Support Animal per MD documentation.
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