If a tenant requests a reasonable accommodation for an assistance animal, but the disability or the disability-related need isn’t obvious, a landlord can ask for additional documentation verifying the disability or the disability-related need for the animal. But what is considered reliable documentation?
Chalisa Warren, housing investigations supervisor in the Texas Workforce Commission’s Civil Rights Division, said during a recent TAR property management webinar that reasonable documentation could be anything as long as it is from a reliable third party.
"It can be from a peer support group; it can be from a caseworker—someone who has knowledge of the disability and the need for the disability-related accommodation," she explained. "Usually it comes from a doctor, but it can be from a therapist or a marriage counselor."
Get more insights into how to handle requests for assistance animals from the recording of the webinar available under the Events section of hwanfei.com.
The absurd becomes ever more so.
How so? Both emotional support animals and service animals serve a purpose to their handler.
Are people abusing the esa part? Definitely but it’s not “ubsurb”. Proof in the form of a Dr letter can be asked for.
How about a psychologist approval paper for a pet need? It could be psychological if the person is not blind I guess.?
My disability can not be seen but they surmount to: clinical depression, anxiety,PTSD,degenerative bone disorder, neuropathy,chronic arthritis, however when I get out of my car with my handicap placard displayed, and I put on a Limp because it’s more acceptable,just in case anyone is snooping.
Follow the Fair Housing Act. And keep in mind that many disabilities are not obvious. Some examples are hearing loss, seizure disorders, PTSD. Even amputees can walk fine when their prosthetic is on… but they are still an amputee.
If you are speaking with a potential tenant on the phone (who called on your sign), and they answer your question about pets by declaring they have a support or assistance animal, wouldn’t the fact that you can’t SEE them allow you to ask (since you would not readily be able to tell what their disability is)?
No it does not. You may never ASK what the disability is, you may only ask for a letter from the doctor etc stating need.
If you asked me, I would laugh at you and explain exactly why you may NOT ask that question.
“It can be from a peer support group; it can be from a caseworker—someone who has knowledge of the disability and the need for the disability-related accommodation,” she explained. “Usually it comes from a doctor, but it can be from a therapist or a marriage counselor.” I too believe this to be an absurd and ridiculous acceptible answer to this “problem”. I say problem because this leaves an open door for an opportunist to get away with having a pet, typically a “vicious” or otherwise unacceptable breed, without paying a pet fee or deposit. This leaves the Landlord and Property… Read more »
AMEN. Well said!
I’ve had 3 applicants in the last 10 days with “service animals” or emotional support animals. I think 99% of the requests are bogus and the tenant is simply trying to dodge the pet fees. I recently followed up on a doctors letter of recommendation….the letter was over 3 years old (dated 2016) and not on letterhead, but a phone number was listed. The call went to a voice mail that was NOT the same name as on the letter. When I asked the potential tenants about it, they told me that therapist has retired. Bogus. So glad we get… Read more »
You would have every right to deny it then because the note/letter must be on letterhead, and can be no older than 1 yr old
I have a service dog. I would have no issue paying pet fees. I also feel they need to make support animals go through rigorous training like the service animals do if they want to take them in public places. The training service dogs get is not only tasks they perform for disabled but proper manners and behavior in public.
I am planning on moving and feel ” cats only” is non negotiable, is it?
Department of Justice Civil Rights Division Disability Rights Section regulations for ADA title ll and title lll: – Inquiries, Exclusions, Charges, and Other Specific Rules Related to Service Animals- When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog… Read more »
Dear Ms. Borad, Your statement is exactly the problem. “Staff” whomever they may be, cannot ask. Tenants lie. They ruin the entire reason for the accommodation for the genuinely needful by doing so. But there are no checks, no balance. The property owners cannot fight what is obviously an attempt by someone to find a home and keep their “aggressive breed” dog, because if they do, the might, wealth, and full force of the federal government could be brought to bear against them. However, to all a point of order. Please note that the word “staff” is used regarding any… Read more »
I’m very sorry to be so cynical, but after nearly 20 years in N Dallas area property management with literally hundreds of homes, my experience has only shown me that every time a tenant has stated the need for, with very rare exception, or that they have a certified “support animal”, it has been fraudulent. I can only think of one instance where the tenant actually had a formally trained service animal. All of the others simply downloaded a certificate from a random website. I hate to admit it, but my original Broker’s wife actually did that just so she… Read more »
Why do you encourage more people to try cheat. It can be from a support group really???? Quit giving in to people who constantly cheat systems.