What Does the Fair Housing Act Say About Emotional Support Animals? - Episode 15

[@Lotusflower970]

Your information is incorrect. Due to HIPAA laws you can't ask the tenant about why or what the disability is exactly. Also no therapist can talk to the landlord you can have the tenant request extra information or such from their medical professional. The easy way to verify the credentials of the doctor who filled the letter out theres a state website for each individual state to verify the Drs name and licensing number but no ma'am you cant do what you are suggesting because your opening yourself up to a huge lawsuit and fine. People with disabilities should be treated with respect not treated how you are suggesting and yes you can use a telehealth professional for mental disabilities cause you don't have to have your sessions in the office they can be done by phone,video etc. When dealing with mental disabilities not everyone is comfortable speaking to a person face to face.

[@sfcmmacro]

Here is the Catch-22... The ADA doesn't require any documentation for service animals IOT protect the medical privacy/discrimintaion against a person. False claims/documemts of service animals are rampant by pet owners, causing businesses to question individuals with an animal. The best solution would be for states and federal agencies to register service and emotional support animals. It would only take a doctor to write a memo or prescription for a SA/ESA that does not include any medical description of the patient’s condition. Then the state and/or ADA assigns a no-fee ID number to the specific animal. No need for a letter or other documentation that needs to analyzed. The person has a licensed animal.

[@selenaphillips5785]

Thank you!

[@110311DONTWANTCHANNE]

FHA does allow for documentation when the need/service is not obvious.

[@sandrateer1994]

I enjoyed the video. I am a landlord that owns 6 single-family homes. I have read many articles and watched many videos that are intended to inform the tenant. I recognize that is the goal of the Fair Housing Act but what I need to learn is information that protects a landlord when a tenant abuses the system. I had a tenant who presented documentation for an ESA when lease was signed. I accepted the document without question. However, the documentation described the dog as a 5 lb dog. Perhaps when it was born, it weighed that much but the first time I saw the dog, he looked like a cross between a lab and a great dane. I observed it jumping the backyard fence. It terrorized the neighborhood and several neighbors complained. After that the tenant got a second dog that she claimed was a second ESA. I asked for documentation three times and retained documentation of the requests. Then I got a call from a neighbor that told me the second dog had killed another dog that wondered onto my property. I called and inquired of the tenant and she acknowledged the neighbor's dog was killed by the animal she claimed was an ESA. The next day she sent me a letter from her mental health provider stating the need for both dogs. I am quite sure the mental health provider was unaware of the incident. A few days later, I inspected the property (with appropriate notice), there was dog poop on the carpet in many places. Blinds were torn from windows which could have been caused by dogs and woodwork showed deep scratches that appeared to be from dog pawing. I do not use a realtor or a property manager and feel strongly that ESA management is an undue administrative duty on self-managed properties. Can you please explain if undue burden exempts me in this circumstance. I have an article from the Human Society of the United States that list housing not covered by Fair Housing Act. According to that article, I am exempt because I do not use a broker or property manager. Do you agree?

[@donnaallgaier-lamberti3933]

This is highly informative information - thank you. I live in a condo that I own. I have an ESA (I DO have a verification letter from a psychologist stating this dog is needed by me as my emotional support dog.) We are a dog friendly condo community and have a number of other dogs living here. ISSUE 01: The former VP of our condo board actually had the adacity to tell me I could not take my ESA in and our of the common hallway that I as a condo owner own a part of and have the right to use any common area. POINT 02: Another board member told me that I was not able to take my dog into the tennis court - another common area other that other dogs use on a daily basis. My dog is about 58-65 pounds and my dog scratches up the soil in the tennis court area more than a 5-10-15 lb. does. This is a bias against my dog. IT WOULD HELP ME TO BE EDUCATED BETWEEN THE LAWS BETWEEN RENTING AND OWING?

[@brianahagen6351]

You guys were awesome!!!! Thanks for not being judgmental towards disabled being or people who truly have mental issues!!!!

[@randomsasquatchwithwifi4090]

This is the Fair Housing Institute....yet they sound like they can speak for the applicants doctor as far as what the disabled persons needs are and why that person shouldn't have 2 support animals. If you aren't the doctor, you have no place telling a disabled person what their medical needs are.

[@latoyajohnson1539]

They don't have to disclose why to you. This is a violation of their privacy. I have seen this happen and your office folks talking about tenants amongst themselves.

[@chimneygeorge]

Nonsense. Most of these esa certificates are scams and states like florida are coming down on this fraud and prosecuting them for what they are- frauds. U don't just pop up with those critter when your lease states no pets and just pull this out of your butt. There is a process in place to approve the addition of an esa to a lease, u don't just pay a $100. online fee and voila- you get a free ride. Really getting tired of low life scumbags that pu this crap. This is the third time and I'm gonna make them prove to me this is legitimate or their asses are on the street.

[@vincentacuna4174]

If I disclose after being approved as a tenant, would there be a problem?

[@chadkent1158]

Sort of like revealing your true gender, after marriage. You are canceling important information. Sleezy, as you know.

[@paytonblizzard3419]

No

[@GenX_1974x]

Very informative Thank You!!

[@TheFairHousingInstitute]

Thank you! We are glad it was helpful!

[@Sonya.Gonzo1]

Thank you for these videos! Hello from Chicago!! In the Cujo scenario, you mentioned allowing applicant to move in and then processing a reasonable accommodation request. Question: Could a RA request be put into motion and verified prior to the applicant moving in?

[@TheFairHousingInstitute]

If the applicant indicates during the application process that she has an animal and identifies the animal as an assistance animal, it is appropriate to process the reasonable accommodation request at that time. Thank you for the question!

[@TheFairHousingInstitute]

Thank you to everyone who commented! We received so many questions that we decided to do a follow-up episode. You can watch it here: kzbin.info/www/bejne/b6jck6qwe5uegaM

[@robertgries5326]

How about single family dwellings? For example, the landlord has 2 rental houses and claims he is exempt from accepting Emotional Support Animals in his rental houses. Is he correct? Are there exceptions? He is going to evict because of the exception.

[@Lana-or5dz]

I’m from California and just obtained a job in property management

[@TheFairHousingInstitute]

Congratulations! Thank you for taking the time to be part of our community.

[@northlandpropertymanagment7809]

If you have two equally qualified applicants and one has a support animal and one doesn't, can you choose the one without an animal without being considered discriminatory?

[@TheFairHousingInstitute]

Thank you for the question. The short answer is "No". If it is determined that you chose one prospect over another because of their disability that would be a fair housing violation.

[@musictosoothe]

@@TheFairHousingInstitute So the one without the animal is being discriminated against. (It's not the disability one is opposed to... it is an animal in a pet free building, and a building that they picked by choice, not necessity).

[@shasmi93]

@@musictosoothe unfortunately many landlords are greedy, worms of a human and only care about money. They do not care about families, animals, disabilities, or lending a helping hand. Only money. Not all are like this; but most. Therefore, the disabled person needs a helping hand or they will always be avoided over the non disabled. It would be like asking a person with Down syndrome and a normal person to apply to Walmart. The DS person would never have a job… unless there was a law to help them a bit. After they got the job if they were terrible then fire them. But at least give them a shot at doing their best. Same with residents with animals… give them a shot to be good animal caretakers and also take care of your property.

[@copperridgegrow3940]

Yes. You find a reason other than the animal to disqualify the applicant

[@sheyannbertschinger]

​@@musictosoothe What the Fair Housing Institute says is they cannot make the decision BECAUSE of the disability. If the one without disability has applied first and that is the property management policy, they may be given the property.

Hello you video very good and nice thank you shared video I like

[@josieoden2267]

So glad that things are being done to deal with the internet BS Emotional Support animals. It got so prevalent in my area that I started leaving my actual service dog at home despite having a genuine service dog for 15 years due to ESA pets being aggressive at times and attacking my service animal which was super risky for me due to my illness.

[@FaithBreaux]

Hello thank you for this video. I have a question. What is it is in student housing and a tenant is allergic to cats but another tenant still get a cat and the register it as an ESA and didn’t tell the office.

[@phyllisbirks]

Thanks 😊😊

[@TheFairHousingInstitute]

Thank you!

[@Lotusblume.8]

Scenario 3 is my situation and I was flat out denied by the HOA in Florida because I have three ESAs. I have a letter from my psychiatrist for all three animals on one paper and it’s not some letter from the Internet.

[@shasmi93]

You can go to HUD website and they will provide you a lawyer to sue based on discrimination.

[@glorialuciazapata-elias2659]

I'm trying to find information in regards to ESA's inside of a B&B Inn where we have extended stay guests that are allergic to cats and dogs (and we're allergic to marijuana). Where do I go to find out about prohibiting cats or dogs inside of our home based B&B Inn? In our county, I don't know if it's the same everywhere, but we HAVE TO PHYSICALLY LIVE inside of our B&B Inn. In this county, we cannot run our B&B Inn from afar. Can anyone guide me in this? I was under the impression we could deny ESA's on that basis.

[@shannonblair1541]

Hello, If 4 tenants are sharing the house, kitchen, 1 bathroom and facitlities in an animal free 1300sf home, is the landlord required to accept esa's in maryland?

[@robgrey6183]

-If he doesn't, the ESA scammer will sue him with a Government lawyer. -If he does the other tenants will sue him with a Government lawyer. Best to get out of the rental business.

[@Skywalker567]

Great video! Does the requirement for the health care provider having personal knowledge of the tenant and their disability apply only to verification of the need for support animals or does it apply to all types of reasonable accommodations/modifications such as, let's say, disabled tenant requesting a reasonable accommodation due to an allergy to cigarette smoking by a neighbor? Is the verification source required to have personal knowledge of the tenant and their disability in order to make a valid judgment to verify disability and the need for the requested accommodation?

[@gratefuldudegaming.8170]

A college I applied to go to here in Ohio except me but they won't let me bring my emotional support animal unless I purchase a million dollar liability policy I'm willing to get a liability policy but a million dollars I feel is unreasonable when the base premium for most policies is 100,000, I was wondering is there anything I can do to convince the college to accept the $100,000 policy?

[@georgesenda1952]

What do you if 2 previous managers allowed 3 cats and a new manager hates cats and demand one cat to be removed ? My 3 cats have been here for 15 years. My doctor is going to give me an ESA letter and I am sever.y physically disabled.

[@ASMRGRATITUDE]

That sounds horrible. What happened?

[@johnniebeavers4003]

Is a cat consider ESA animal.

[@georgesenda1952]

@@ASMRGRATITUDE My apartment manager stopped her attempt at getting me to remove my 3rd cat after my doctor wrote an emotional needs letter. Sadly this year, a maniac in my building fed my beloved 21 year old Fuzzy Cat antibiotics ( without authorization or my immediate knowledge or permission ) and she went into shock and was killed by a van that hit her in the neck. The new assistant manager loved Fuzzy as did everyone else except the moron who effectively killed her. When I told her that Fuzzy had been killed, she said " The baby is dead ? I loved the baby cat ! " She was a very sweet and tiny tuxedo & I will miss her every day for the rest of my life. My other cats Fluffy & Little Girl are her litter mates and they miss her too. Their birthday, like hers would have been, was last Halloween when all 3 would have turned 22 years of age. Fluffy is a male long haired tuxedo. Little Girl is an all black long haired cat. Fuzzy was a tiny long haired tuxedo. You can see videos of her on my channel. RIP my sweet, gentle cute cat.

[@ASMRGRATITUDE]

@@georgesenda1952 I'm really sorry to hear about your neighbor doing such a stupid thing.

[@ASMRGRATITUDE]

@@johnniebeavers4003 yes in certain cases a cat can be an ESA animal. It is up to the certifying doctor.

[@kcmatthews1593]

I cried I live in San Francisco and exact scene but I was allowed to move in with a $500 deposit,$75 pet rent,year homeowners insurance.my Now service animal that’s 7 months old now was only 4 months when I moved in. This month is July and for a year I’ve been dealing with all this. Even disclosing my mental health and my hippa.it’s now July again a whole year and I’m sitting looking stupid following the chain of command got me no we’re when I filed a complaint with hud in December no answer till I reached out then they replied asking for my location I then was told they don’t cover my area(San Francisco). I’m so lost and hopeless I will be representing myself in a civil right case. I don’t have much but my integrity and trust and the trust shall prevail . I’ll put up with all that I am but in the end something good has to be for me because it makes no sense it’s bad enough I deal with biases of being Transgender in society now housing discrimination in 2020 gender discrimination at a job we’re a supervisor outed me to the job I hate life why am I alive thanks for the information it really helped appreciate it

[@Ausgar-yc1yl]

HIPAA not HIPPA

[@nmHispana]

@@Ausgar-yc1yl Sooooooo?

[@Ausgar-yc1yl]

@@nmHispana Obviously you have no idea how to spell either.

[@livvrobinson506]

I'm currently in this situation whatever became of your situation, any advice is it worth the fight?

[@110311DONTWANTCHANNE]

i can't find a reliable source that allows ESAs in public in PA...only a fake ESA letter site

[@brianahagen6351]

My landlord is now trying to charge me $500 deposit plus an additional $50 for my animal. AFTER I GAVE ESA LETTER. the doctor told me to get an esa animal. And I wouldn’t be charged so I did. I’m in ca is this legal. I just got the animal. And sent the letter .

[@brianahagen6351]

It’s a 17 pound goldendoodle. Super sweet. Is kept total taken care of an doesn’t ruin the house.

[@angelabroomfield7980]

@@brianahagen6351 yes it’s illegal

[@lillyaraceli4237]

I'm from Florida. I live in a townhome and I have an Esa letter for my puppy who is 3 months old and being trained by a professional and enforced by me I've been suffering from depression, anxiety, and ptsd and he has helped me over the last month and the office of my home is asking me to pay their attorney fees to look over my "case" and I was asked personally by the manager of the property to disclose my medical information to her over the phone and everything she was saying just sounded like red flags. Do I need to pay their attorney even with my esa letter? My personal therapist is also saying I needed the online letter because they do not provide that.

[@Windshieldchoke]

No no no never pay someone else’s attorney except your own wth

[@Ausgar-yc1yl]

ESA are not trained.

[@amandalauren9340]

Who would be the verifier?

[@jordanchapman7809]

Hi I'm from East Moline IL. My apartment which is hud subsidized is telling me I can't own 2 animals even if I do have a emotional support papers. What should I do. I have one dog now and plan on getting another because I'm just super depressed and I have a form of autism and I think it would really help if I got another dog to take care of but I'm scared to because I'm afraid I'll get kicked out.

[@livvrobinson506]

What ended up happening?

[@shira2151]

Lived in my apartment for 16 years. Let my landlord know before purchasing the animal and I still got a letter a year later. My apartment allows animals but not the breed of my animal. ESA time, because I am qualified for it, because I have PTSD and it's been diagnosed from my Psychiatrist.

[@kearria26]

What happened?

[@shasmi93]

DO IT! These landlords are getting out of control these days and us little people have to let them know! If they are going to buy up all the property in this country so we can never afford our own homes anymore…. Then we are at least going to rent and have an animal and a normal life.

[@mathisnotforthefaintofheart]

I am glad airlines can now ban EMO animals. An emotional support animal is a fancy way of saying...PET

[@amandalauren9340]

So what exactly does the resident have to have to consider that animal an ESA?

[@maxlyon4031]

none of your business

[@lisamccormick2229]

An actual disability?

[@aliothsabik3383]

Can you tell me if a landlord can deny an ESA dog for not being hypoallergenic?

[@shasmi93]

Bo

[@brianahagen6351]

Now I know why my neighbor has a pitbull in the apartments. which is totally fine. The dog is super sweet.

[@brianahagen6351]

For an esa animal IT DEF shouldn’t be a pitbull lol

[@Windshieldchoke]

Yes it should, and more than one I highly recommend

[@LindaRoot-gz1zd]

I hadto take my 1 year old cat to vet today . He was scared. I cant him in the car carrier. I need a ESA letter