Emotional Support Animals

Many real estate professionals (agents and managers) are familiar with the federal Fair Housing Act regarding service animals.  Read more about Federal and State laws here. Simply put, it is illegal to disallow a tenant with a service animal to rent a property. While there may be unusual exceptions, this is by and large a set rule and landlord's should accommodate a tenant with a service animal. Remember the miniature horse on the plane headline?

There are many gray areas when it comes to landlord's rights concerning animals.  In the past, Equity Residential, faced a lawsuit concerning upfront pet fees and other upfront fees. However, we still see to this day, many owners and property managers charge pet fees.  Is it legal or illegal? It is difficult to say with contradicting facts, but it does seem to be common practice and therefore many owners and property managers will continue to charge a fee. In some cases, an owner and renter may agree on a higher rent for the animal. 

The merits for charging pet fees are normally based on unusual and excessive wear and tear of the property caused by the animal. There are also increased some risks for damage to the property and disturbance of other residents' wellbeing and enjoyment - e.g., noise, smells, and unwanted urine/feces in public spaces. 

Many owners say no pets allowed altogether. Others say there are breed restrictions. This is fairly common practice. 

The simple answer is that there is no clear answer and it seems that every situation should be considered on a case-by-case basis. For example, condo rules and regulations have certain precedence in deciding what the animal policy will be. 

Even then, many renters are obtaining Emotional Support Animal (ESA) documentation as a way to altogether circumvent strict no pet policies. It is questionable if some people are working the system. An ESA is not a service animal; however, the law is blurry around what owner's can and cannot refuse with regards to ESAs. 

If in doubt, I recommend finding a way to accommodate the tenant with an ESA. Keep in mind, owners have some say in the matter:

• Owners can request an official letter from the therapist/doctor or medical profession with their contact information. This should be from someone who has regularly treated the person with some history,  not recently. (To know if it's really a local doctor with a history with the patient or an online form)
• Ask for any pertinent vet records showing the animal is up-to-date with vaccinations
• Any pertinent records or references showing the animal is not a threat to others
• Any available records if the animal is registered with the town or city
• Require renter's insurance and ensure it covers liability. Can a landlord require renter's insurance? See here.
• Request a full one month security deposit
• Double-check with a professional (attorney or legal expert) if you can charge additional pet fees for an ESA
• Double-check with a professional (attorney or legal expert) if you can write clauses for terminating a tenancy/removing a pet if certain lease terms are violated
• Consider an addendum clause to have the house professionally cleaned according to a periodic schedule
• Consider an addendum clause to require air purifiers
• Consider an addendum clause to require the tenant pay for damages or replacement of any items damaged by a pet

Note: this is not legal advice and I am not a lawyer or legal professional. Seek advice from a lawyer if you have any questions.