Service Dogs vs Emotional Support Dogs - Landlord Forum thread 358352

Service Dogs vs Emotional Support Dogs by Jason on August 3, 2018 @05:02

I have an application that has "emotional support dogs". I typically allow up to 1 dog, but she has 2.

1. Can I say no to someone who has a service OR emotional support dog?
2. If they do become my tenants, am I legally permitted to change the typical monthly pet fee for service dogs AND emotional support dogs?

This is a very grey area.

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Re: Service Dogs vs Emotional Support Dogs by lpadave on August 3, 2018 @06:12	[ Reply ]

Check the guidelines in your jurisdiction. Most jurisdictions require you to allow a properly documented assistance animal, at no additional charge for rent or pet fee or security deposit. Certain problem breeds can be excluded, but I have actually never encountered problem breeds as service dogs. I'd be interested if other LL have. If you require tenant renters insurance and require endorsement for other pets, I believe you can also require insurance endorsement for AAs.

Re: Service Dogs vs Emotional Support Dogs by AnonymousFL on August 3, 2018 @12:29	[ Reply ]

This is the first time I have seen someone with two emotional support dogs. You certainly can ask for an ESA statement from a medical professional though I would look very close at the language to confirm that two animals are necessary. This may be a case where they are calling them ESA when they are not, but you never know. An legitimate ESA is considered a medical tool in the same way a cane or walker would be. You cannot deny a tenant because of an ESA unless the ESA is too big for a property (such as a horse in an apartment) or unless the property is a small multi-unit and you live there (duplex or 4-plex). You also cannot charge extra rent or security deposit for an ESA. The tenant is still responsible for any actions the animal takes that are inappropriate. If there is damage done, treat it like the tenant did it. If the animal is disruptive, treat it like the tenant did it. If an offense occurs too often and you determine it is a lease violation, you can take action. It would be in your best interest to read up on ESA and Service Animals. You don't want to be accused of violating fair housing due to a tenant's 'medical needs'.

Re: Service Dogs vs Emotional Support Dogs by Kenny on August 3, 2018 @15:42	[ Reply ]

Service dogs and emotional support dogs are not to be confused with each other. A service dog is covered under ADA, trained and sometimes wears clothing identifying it as such (not required). Because a service dog is considered to be medical aid, you cannot discriminate a person with one. An emotional support is a dog that does not necessarily have any particular training and is simply available for comfort. I am aware of people providing letter from their therapist supporting the dog, but the dog is not a necessity.

Re: Service Dogs vs Emotional Support Dogs by Ann on August 10, 2018 @13:35	[ Reply ]

If there are no other Tenant candidates and you have to select this candidate, then add the following cleaning items after Tenant moves out (1) air duck (2) pest preventative treatment / program (3) carpet with dog / animal specific cleaner and machines

Re: Service Dogs vs Emotional Support Dogs