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Re: Emotional Support/Therapy Dogs - Landlord Forum thread 324557

Re: Emotional Support/Therapy Dogs by Ashley (Florida) on September 16, 2014 @18:14

                              
My understanding is that it's illegal and considered discrimination to refuse to rent to someone with therapy pets. She seems very nice, her dogs are well behaved and everything checked out. I just want to be sure that what she's telling me is true about the deposit. It seems odd that a landlord wouldn't be able to charge a fee or deposit just because it's a therapy pet.
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Re: Emotional Support/Therapy Dogs by Bill on September 16, 2014 @19:03 [ Reply ]
Just remember, these types all have a free lawyer somewhere. Do you really want to rent to people who go nuts unless they are hanging on a dog?

Already these applicants are telling you what you can and can not do. It only gets worse. The dogs may be well behaved but the people are nuts.
Re: Emotional Support/Therapy Dogs by Anonymous on September 16, 2014 @19:23 [ Reply ]
"She seems very nice."

If she is telling you what you can charge for a deposit on YOUR property, she is not being nice. As Bill said, she hasn't even moved in yet and she's already telling you what to do. It will not get better after she moves in.

And why does she need TWO dogs as therapy animals?

Save yourself a ton of grief and pass on this applicant.
Re: Emotional Support/Therapy Dogs by Kim (WV) on September 16, 2014 @20:00 [ Reply ]
Yes, odd but true, I'm afraid. I'm sorry to have to tell you this, but she (the prospective tenant) is correct. You can get into trouble if you try to charge her a deposit for the pets.

I hate this therapy pet stuff...I think, by and large, it's just a thing people use to be able to have pets in a "no pets" rental and to not have to pay pet deposits. I know there are legitimate cases of people really needing them (some austisic children seem to benefit a lot, for instance) but I think in many cases its just a scam to get around paying deposits and "no pets" rules.

If the therapy animals (technically you can't call them pets, they are considered to be like a medical appliance) do damage the rental, you can collect for those damages. Likewise, if the therapy animals cause problems (excessive barking, inappropriate urination, biting, etc.) you can give notice the dogs (or tenant) has to go. But you can't do this ahead of time. You must wait until there's damage or issues.

I'm sorry you've run into this. It's too bad everything "checked out" already. Did you talk to the previous landlords yet to see if her therapy animals did damage? If they did, you might be able to reject her for that, but I'd recommend consulting your attorney before you do.

By the way, she must meet the definition of disabled and under fair housing laws you are allowed to make her do the following if she wants to have the therapy animal:

"If one needs an emotional support animal to ease the symptoms of a disability (as defined above), he or
she should request a reasonable accommodation, in writing, from the landlord, manager or other
appropriate authority. The request should state that the tenant has a disability and explain how the
requested accommodation will be helpful. In addition, the tenant should include a note from his or her
service provider, such as a doctor or therapist, verifying the need for the support animal (see sample
letter, below, as an example). Note that the tenant need not disclose the details of the disability, nor
provide a detailed medical history.
Establishing that the support animal is necessary in order to use and enjoy the residence is critical. Courts
have consistently held that a tenant requesting an emotional support animal as a reasonable
accommodation must demonstrate a relationship between his or her ability to function and the
companionship of the animal."

The above is straight from the Bazelon Center for Mental Health Law, Fair Housing Information Sheet #6 "Right to Emotional Support Animals in "No Pet" Housing"

You can't ask her for details of her disability or her medical records or anything but you can do what I've stated above. Google "Fair Housing Act rules for emotional support animals" to educate yourself on your options and the Fair Housing rules.

I wouldn't allow anyone to have an emotional support animal unless they did comply with the rules. If I have to comply and take them as a tenant (if they are otherwise qualified) then they must comply and provide the documentation and request in writing. I wouldn't allow it just because they say they have it...make them prove it by complying with the law.

If you do ask her to do the request in writing and provide the letter (you can find a sample of one and what it should contain on the internet), let us know what happens, please.

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