Do We Need to Accept a Tenant with a Service Animal or Emotional Support Animal if We Have Already Decided Not to Allow Pets?

Do We Need to Accept a Tenant with a Service Animal or Emotional Support Animal if We Have Already Decided Not to Allow Pets?

You probably saw the video that went viral when an airline did not allow a woman to take her emotional support peacock on a plane. You may have also heard that miniature pot-bellied pigs are gradually becoming a popular choice for emotional support animals because they are highly intelligent, attentive, and extremely affectionate.

You may not have heard, but need to be aware, that new Fair Housing regulations provide clear guidance that service animals and emotional support animals are not considered pets and therefor cannot be considered by a landlord or property manager when making a decision regarding accepting an application for tenancy. In addition, a pet deposit cannot be required. Fair Housing guidelines also stipulate that applicants must provide appropriate medical documentation showing the need for the emotional support animals.

An emotional support animal provides companionship, relieves loneliness, and can sometimes help with depression, anxiety, and certain phobias. These animals do not have any special training or certifications.

A service animal is typically a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability.

This week, we received our first valid request from an applicant for a reasonable request to allow for her emotional support animals. In this case, a Kaiser Permanente doctor provided written documentation that the applicant’s dogs alleviated stress and other symptoms related to his patient’s mental health. The doctor further noted that the decision to use emotional support animal therapy was made as an alternative to medication.

There is certainly a lot of information online regarding this topic because there are many companies online trying to make money off of this new dynamic in the marketplace.

When an applicant notes that they have a service animal or emotional support animal, they must complete a request for a Reasonable Accommodation.  Additionally, we must take steps to verify with a medical professional that the applicant has a disability and that the service or emotional support animal will alleviate one or more of the symptoms or effects of the disability. Per Fair Housing Laws, if the applicant provided proper verification of the disability and need for a service or emotional support animal, a landlord may not make a decision about whether to accept an applicant based on whether or not they have a service or emotional support animal.

Please see the link below for more information from the Virginia Fair Housing Office:

http://www.dpor.virginia.gov/uploadedFiles/MainSite/Content/FairHousing/VFHO%20brochure_assistance%20animals%203-2015.pdf

Landlords are likely to have many questions on this topic. Feel free to call us to discuss further.

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