Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
What? Where in the world are you getting that low statistic from? Are you perhaps confusing it with the 2nd statistic listed below in bold? If so, perhaps you need to read the rest of the statistics listed which could also possibly require the need for an ESA. Mental disorders do not require that a person be 100% mentally 'disabled' in order to possibly require an ESA so the overall percentage of diagnosed mental conditions/disorders in the U.S. is more in the 25%+ range.
I think you are confused as to what a housing provider's requirement actually is; the statistic is correct the protection is only for the disabled. The statistic and the language HUD uses to define a disable person is identical. Now that stat doesn't include children but the OP wasn't talking about children either.
Quote:
Definition of Disability: Federal laws define a person with a disability as "Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment."
Quote:
Requires housing providers to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space. A housing provider should do everything s/he can to assist, but s/he is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden. Reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction.
This woman literally went on a website, put in her info, and got a card! This is incredibly unfair, in my opinion. Especially for the people who truly need real service dogs. Do landlords have ANY rights anymore?!
And people wonder why rentals are in short supply. I would never want to be a landlord.
I REALLY hope so for the rest of us too as I am not a landlord but just a plain citizen . I do not believe in this sort of thing ,, for the past 7 years I have lived in Seattle and Portland also and it's very prevalent in these areas and the only times I have ever almost been bitten.
I am not going to say always but the only ones I have seen are little old ladies determined to get their way by being able to take their pet with them anywhere they want . Sometimes they sort of halfway hide them. I moved away in time once on the bus this tiny snarling creature tried to come out of this woman's lap and another at Value Village when one popped out of a basket with an mouth full of alligator teeth aimed at my elbow .
Holy cow !! I realize they are defending their owners but I did not think this was the job of a "Service Animal" Regular real service animals I have ever been around are always gentle or at least do not go out of their way to bite.
The fewer fraudulent tenants there are, the more apartments will be available for people who do NOT pretend their pets are exempt from no-pets policies.
Another ESA question:
We have yet another person coming to us with an ESA card, and she's had this dog since she moved in. The tenant doesn't have a doctor's letter yet, but said she will be getting one in 2 weeks. As a landlord, could we ask for proof/a letter that she is under a doctor's care for whatever issue every 6 months or so?
I feel if we asked for follow-up doctor letters, there would be less of a chance for ESA abuse, but I'm unsure about the legalities of that.
Why the issue now? She's already moved in. What is the problem? Sort of 'a day late and a dollar short', wouldn't you say?
Koale
Another ESA question:
We have yet another person coming to us with an ESA card, and she's had this dog since she moved in. The tenant doesn't have a doctor's letter yet, but said she will be getting one in 2 weeks. As a landlord, could we ask for proof/a letter that she is under a doctor's care for whatever issue every 6 months or so?
I feel if we asked for follow-up doctor letters, there would be less of a chance for ESA abuse, but I'm unsure about the legalities of that.
My understanding of the ADA is that there is *no* requirement for a landlord or any business to admit an ESA. Emotional support animals are not the same thing as a service animal, and you don't have to accept one no matter how many letters the tenant gets from their doctor, or how much documentation that the dog is a registered ESA.
My understanding of the ADA is that there is *no* requirement for a landlord or any business to admit an ESA. Emotional support animals are not the same thing as a service animal, and you don't have to accept one no matter how many letters the tenant gets from their doctor, or how much documentation that the dog is a registered ESA.
That is because ESAs are not supported or mandated by the ADA. ESAs are mandated by the FHAct. Only 'service animals' are mandated by the ADA. There are MANY threads in this forum that have beat this subject to death and have covered this misconception in it's entirety and many of those threads are fairly recent so you don't even have to look very far. (Just be careful in those threads on what information you read that is not supported by links and facts) I don't see anywhere in your link above that states that "ESAs do not have to be accepted in rentals no matter what documentation they have or that they provide". But nonetheless, ADA does not mandate or enforce the rules for ESAs so you must be getting something misconstrued in your ADA link. I suspect it is the information bolded in blue below. If so, that is because ADA does not cover ESAs!
Quote:
https://adata.org/publication/service-animals-booklet
While Emotional Support Animals or Comfort Animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under the ADA. These support animals provide companionship, relieve loneliness, and sometimes help with depression, anxiety, and certain phobias, but do not have special training to perform tasks that assist people with disabilities. Even though some states have laws defining therapy animals, these animals are not limited to working with people with disabilities and therefore are not covered by federal laws protecting the use of service animals. Therapy animals provide people with therapeutic contact, usually in a clinical setting, to improve their physical, social, emotional, and/or cognitive functioning.
A service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Tasks performed can include, among other things, pulling a wheelchair, retrieving dropped items, alerting a person to a sound, reminding a person to take medication, or pressing an elevator button.
Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. The work or tasks performed by a service animal must be directly related to the individual’s disability. It does not matter if a person has a note from a doctor that states that the person has a disability and needs to have the animal for emotional support. A doctor’s letter does not turn an animal into a service animal.
The following is for ESAs which are mandated by the FHA however, the information just so happens to be mentioned on the ADA site:
Quote:
https://adata.org/publication/service-animals-booklet The Fair Housing Act (FHA) protects a person with a disability from discrimination in obtaining housing. Under this law, a landlord or homeowner’s association must provide reasonable accommodation to people with disabilities so that they have an equal opportunity to enjoy and use a dwelling. Emotional support animals that do not qualify as service animals under the ADA may nevertheless qualify as reasonable accommodations under the FHA. In cases when a person with a disability uses a service animal or an emotional support animal, a reasonable accommodation may include waiving a no-pet rule or a pet deposit. This animal is not considered a pet.[
A landlord or homeowner’s association may not ask a housing applicant about the existence, nature, and extent of his or her disability. However, an individual with a disability who requests a reasonable accommodation may be asked to provide documentation so that the landlord or homeowner’s association can properly review the accommodation request. They can ask a person to certify, in writing, (1) that the tenant or a member of his or her family is a person with a disability; (2) the need for the animal to assist the person with that specific disability; and (3) that the animal actually assists the person with a disability. It is important to keep in mind that the ADA may apply in the housing context as well, for example with student housing. Where the ADA applies, requiring documentation or certification would not be permitted with regard to an animal that qualifies as a “service animal.
All types of housing, including public housing, are covered by the FHA except: 1. Rental dwellings of four or less units, when one unit is occupied by the owner; 2. Single family homes sold or rented by the owner without the use of a broker; 3. Housing owned by private clubs or religious organizations that restrict occupancy in housing units to their members.
Last edited by Corn-fused; 08-31-2016 at 09:56 PM..
I think you are confused as to what a housing provider's requirement actually is; the statistic is correct the protection is only for the disabled. The statistic and the language HUD uses to define a disable person is identical. Now that stat doesn't include children but the OP wasn't talking about children either.
In the big picture it doesn't matter whether the OP's exact situation happens to pertain to only an adult. They still need accurate information for ANY and ALL situations that may arise for ESAs which could, and most definitely does, include children as well. The percentage overall for mental disorders that could possibly require, request or qualify for an ESA is 25% or more of the U.S. population.
In the big picture it doesn't matter whether the OP's exact situation happens to pertain to only an adult. They still need accurate information for ANY and ALL situations that may arise for ESAs which could, and most definitely does, include children as well. The percentage overall for mental disorders that could possibly require, request or qualify for an ESA is 25% or more of the U.S. population.
Except the protection the law provides is only for mentally or physically disabled people. Adult rates of mental illness, not covered by the FHA mind you, is below the 26% you found and child rates of mental illness, still not covered, are below the adult rates. Those figures are from the National Institute of Health/National Institute of Mental Health. The only people covered under the law are the mentally or physically disabled and no one else matters as to avoid short term injuries/illness from being a burden on housing providers.
To the OP, you also can verify the letter comes from a mental health professional that is licensed to practice in your state. If they aren't you can report them to the state licensing board who may or may not take action. If I were a betting man I would bet all states require licencing.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
yeah, but...
