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I was recently in a public museum that had a sign at the entrance stating "emotional support animals are not considered support animals under the Americans with Disabilities Act and are not allowed." That's a true statement, So, unless local or state law says otherwise, landlords should be able to refuse to allow support support animals.
Or they can just exclude any liability to others for damages and injuries due to your animal.
When I got a MinPin to replace my sheltie that died I had no clue they were Banned Pets! I signed a Waver stating the dog was being trained as a SD. Apt Owners insurance didn't change. I was allowed to keep the dog. Service Dog Training went well but he never was fully House trained I gave him away 18 months later... got Katie the corgi
Resurrecting dead thread: Can LL require liability insurance in lieu of denying ESA if master policy for LL is going to be significantly increased in cost or cancelled if a rider for breeds it does not cover is added? Is LL liable for uninsured ESA that is against the breed restrictions? If it is allowed to stay it will either be uninsured for liability or the liability insurance will be raised on the LL or dropped completely. Can a LL pass on the cost of accomodating an ESA? And how much directly added expense is unreasonable burden on the LL to the point they can deny ESAs that their insurance (or any other in the same price range) will not insure?
Get it in writing from your insurance company that they won't cover that animal or that they are going to raise your rates. If the insurance company will do that, then you can reject the ESA because it is not a reasonable accomodation to lose your insurance. Be aware, a blanket denial of coverage for "dangerous dog breeds" doesn't work. It has to be a denial for the very specific dog, or other animal, that your tenant is trying to move in.
No landlord anywhere in the country has been able to get an insurance company to take a stand. So, that's not much of an option for the landlord. You can try, but odds are, it won't go anywhere.
I'm thinking you can't require extra insurance for an ESA. Even if you can, the liability coverage for the landlord is not useful. Yes, if your tenant's badly behaved ESA bites the face off of a neighborhood child, you are going to get sued.
First off... we don’t even know if the landlord has to acknowledge FHA or ADA laws. Most private landlords do not.
Second....tenants who request reasonable accommodations are usually required to pay for such accommodations.
Third....I seriously doubt that any landlord is required to accept an ESA dangerous breed under any circumstances without a doctors note that states such breeds are the only breeds that can be beneficial to the tenant.
Remember this is NOT a service dog....it is an ESA. Huge difference.
I know a Service Dog HAS to be TRAINED & at LEAST 6 months old. By ADA Rules. Check the Age & training requirements under the Fair Housing rules. As others have said contact the Dr that wrote the letter. He cant tell you about the Tenants/Patients problems BUT he can tell you what the Service dog is suppose to do.
There is a difference between a Service dog and an Emotional Support Animal (ESA) which is what the OP's tenant claims s/he needs.
Resurrecting dead thread: Can LL require liability insurance in lieu of denying ESA if master policy for LL is going to be significantly increased in cost or cancelled if a rider for breeds it does not cover is added? Is LL liable for uninsured ESA that is against the breed restrictions? If it is allowed to stay it will either be uninsured for liability or the liability insurance will be raised on the LL or dropped completely. Can a LL pass on the cost of accomodating an ESA? And how much directly added expense is unreasonable burden on the LL to the point they can deny ESAs that their insurance (or any other in the same price range) will not insure?
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