Service Dogs / ESA's and Rentals (US)

[Abhean]

For those researching how having a service dog or emotional support animal can be regulated in rentals, this is for you.

Most readers have seen posts on other groups and alot of people just take at face value what they read especially when it comes to the ADA stuff. When renting there is a new set of standards the team must adhere to, FHA/HUD is where the guidelines fall.

Hud groups both service dogs and ESA's in the same group. Meaning that it does not matter which you have they are all treated the same.

An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person's disability. An assistance animal is not a pet.

While I disagree with the last sentence, there it is. I see ESA's as pets as they do not require any type of training, they just have a special status.

Is the place you are renting covered by HUD?

There are several benchmarks that have to be met for a rental to be covered by HUD.

• They rent four units or less and they live in one of the units. For example, if they own a tri-plex and live in a unit while renting out the other two, they generally do not need to provide accommodations.
• They are renting a single-family home without using a broker. If they are leasing a few single-family homes and do not use a real estate broker or service, they generally do not have to provide accommodations.
• They own a hotel or motel. Hotels and motels are not considered dwellings or homes, so they generally are not required to accommodate. However, if you are an owner that provides long-term rental options, you may want to consult with a lawyer to see if the law applies.
• Private clubs. If they own a private club that is not available to the general public, they do not need to provide accommodations.

So the rule of thumb is if the company owns more than 4 units OR you used a management company for the rental they should be covered by the FHA (HUD).

If covered under the HUD rules, can they still deny you service?
Short answer is yes. Once you have determined that they are covered under HUD there are several steps that you must take.

• A note from your medical professional (that you have an ongoing relationship) stating the need for the animal. This has to be on the clinic's letterhead and signed by your medical professional.
• Request reasonable accommodations. This normally is provided by the management company. It has to be filled out.

To be denied here is what the Management company has to show:

• Granting the request would impose an undue financial and administrative burden on the housing provider
• The request would fundamentally alter the essential nature of the housing provider's operations
• The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
• The request would not result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage

I see a lot of denials due to breed. The breed IS NOT a factor in the denying of reasonable accommodations HOWEVER many rental companies have breed restrictions as part of their insurance. To have one of those restricted breeds on site will cause a rate increase for their coverage and that will cause an "undue burden".

These rules are in effect even if the rental has a "no-pets" policy.
The management company cannot require a deposit. The renter is still responsible for any damage that is incurred while living there.
Weight/size restrictions are not applicable.

If you think you have been discriminated against due to your service dog or ESA you can file a complaint HERE.

Here are some good sites to visit for more information:

• rocketlawyer
• HUD