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What Restrictions May a Landord Impose on an Emotional Support Animal

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  • 05-03-2016, 03:34 PM
    Mr. Knowitall
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    The 'rent increase' issue is likely a bigger question, but the OP has not answered.

    For service animals, there's authority that you can't make a tenant relocate; but I'm not aware of any such authority in any jurisdiction for emotional support animals, the presence of which could be a problem for other tenants who have animal sensitivities. The general advice on support animals in other contexts is to try to accommodate both groups of people -- those who have support animals and those who cannot be around the animals -- by offering them separate areas, but obviously that's more of a burden when you're talking about tenants already in residence in an apartment building.
  • 05-03-2016, 05:04 PM
    Taxing Matters
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    I think moving to a floor designated for pets could be a sufficient reasonable accommodation provided that the tenant does not have to pay any increased rent or any special pet fees to do it. Reasonable accommodation does not mean the landlord must give the tenant exactly what the tenant asks for.
  • 05-04-2016, 01:06 AM
    adjusterjack
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    Quote:

    Quoting Mr. Knowitall
    View Post
    Yeah, but (whatever may be the case for the OP) there are scammer "professionals" who will write you a letter "diagnosing" a need for a support animal for $100 or so.

    Here's an eye-opener.

    That's hilarious.
  • 05-05-2016, 05:52 AM
    Catmad
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    I'm with Dogmatique. This "emotional support animal" designation may have started out as a good idea, but has spiraled out of control. If you need a dog to be happy, move to a place where dogs are allowed. And I have three dogs, and many cats. They stay home, on my property, and we are all mostly happy and "supported".

    And thanks Mr. Knowitall. That about covers it...
  • 05-05-2016, 04:41 PM
    b0chatma
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    The increased rent is due to a few factors. 1 the only available dog floors are on higher floors. The higher the floor the more expensive the rent. Also their isn't an equivelent unit.
  • 05-05-2016, 04:54 PM
    adjusterjack
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    Quote:

    Quoting b0chatma
    View Post
    The increased rent is due to a few factors. 1 the only available dog floors are on higher floors. The higher the floor the more expensive the rent. Also their isn't an equivelent unit.

    Interesting that you've avoided answering my question so here it is again:

    What's wrong with you that you need an emotional support animal?

    Keep in mind that your condition is what will be the deciding factor in whether the FHA rules protect you.

    I'm not being facetious or snarky. It's a serious question and will have a lot to do with whether you have any recourse or not.
  • 05-05-2016, 05:05 PM
    b0chatma
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    My wife has bipolar disorder and obsessive compulsive disorder. Her mom just passed away from cancer and we feel an emotional support animal can help. At this time the landlord is making it so difficult that getting the help doesn't make a lot of sense. The move and the extra expense is problematic right now.
  • 05-05-2016, 08:10 PM
    adjusterjack
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    Quote:

    Quoting b0chatma
    View Post
    My wife has bipolar disorder and obsessive compulsive disorder. Her mom just passed away from cancer and we feel an emotional support animal can help. At this time the landlord is making it so difficult that getting the help doesn't make a lot of sense. The move and the extra expense is problematic right now.

    With all due respect to your wife and condolences on the death of her mom, the animal you are describing is a pet and not an ESA.

    Please read the HUD guidelines:

    https://portal.hud.gov/hudportal/doc...heo2013-01.pdf

    Grief on the death of a parent is not a disability and a cuddly animal isn't going to alleviate bipolar disorder or OCD.

    Sorry, but I don't see the landlord having any obligation to allow the dog in the "no pets" apartments or accommodate you with another apartment at no additional fees or costs.

    If the move and the extra expense is problematic right now, then you don't move and you don't bring the dog home.

    At least you don't if you don't want to get evicted and end up with all those problematic expenses and then some.

    I'm sure you wanted to see some magic words that would compel your landlord to do your bidding, but there aren't any.
  • 05-05-2016, 08:29 PM
    b0chatma
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    She isn't just getting a dog and calling it an emotional support animal. She has a prescription from her psychologist for a emotional support animal.
  • 05-05-2016, 08:56 PM
    mmmagique
    Re: What Restrictions May a Landord Impose on an Emotional Support Animal
    Quote:

    Quoting Taxing Matters
    View Post
    I think moving to a floor designated for pets could be a sufficient reasonable accommodation provided that the tenant does not have to pay any increased rent or any special pet fees to do it. Reasonable accommodation does not mean the landlord must give the tenant exactly what the tenant asks for.

    I think everything you said is reasonable. I don't think paying $200 more per month is reasonable. (but then again, I don't think just regular pet owners should be charged such exorbitant prices considering the carpet, etc. will have to be changed every six years or so anyway.)
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