Page 3 of 3 FirstFirst 1 2 3
Results 21 to 30 of 30
  1. #21
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Quote Quoting b0chatma
    View Post
    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.
    That prescription is going to be meaningless unless the psychologist is willing to testify in court during your eviction hearing and even that testimony isn't likely to help because:

    1 - The dog doesn't qualify as an ESA.

    2 - A psychologist is not a MEDICAL doctor, cannot give testimony as to a MEDICAL condition, can only testify to what the patient says about her own condition.

    I really think you are stretching this far beyond the reality of the situation and if you end up in court you'll lose. But, hey, that's just my opinion. Ignore it if you like.

  2. #22

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    AdjusterJack it's obvious that you don't have any experience in this matter. No need to continue to provide your opinion.

    I will let you all know what the landlord's attorney says. I wanted to speak to you all prior to understand how hard I should press this issue if they decide to be inflexible. Thanks

  3. #23
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Quote Quoting adjusterjack
    View Post
    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:
    That document pertains to service animals and assistance animals, not emotional support animals.
    Quote Quoting mmmagique
    View Post
    I think everything you said is reasonable. I don't think paying $200 more per month is reasonable.
    The issue here seems to be the relocation to a more expensive apartment -- the rent isn't increasing because of the emotional support animal, but because there is no equivalent unit available on a floor that allows dogs. Whether or not the landlord can compel relocation under the circumstances is up in the air, due to the lower protections offered to emotional support animals as opposed to service and assistance animals and a lack of legal authority directly relating to ESAs. (The state laws that I have seen that are more clear on this issue favor the tenant's right to stay in the same unit even if it's in a no-pets building or floor.)
    Quote Quoting adjusterjack
    View Post
    That prescription is going to be meaningless unless the psychologist is willing to testify in court during your eviction hearing and even that testimony isn't likely to help because:....
    You don't need a medical doctor to prescribe a ESA -- the prescription can come from any licensed mental health professional. The requirement of a disability that can support a prescription for a ESA is not a high standard -- the mental health professional need only diagnose a mental or psychological condition and opine that the condition or a related symptom limits the patient's activity in one or more major life activity. Once the tenant properly documents the prescription, the landlord has the burden of complying with the law. If the landlord intends not to regard an animal as an ESA after proper documentation has been provided by a tenant, the landlord had best consult with his lawyer.

  4. #24
    Join Date
    Nov 2013
    Posts
    672

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Adjusterjack has given you an explanation. You don't like it. If you choose to push this maybe your LL will cave. If not, and your wife feels that an animal will give her comfort, I would suggest going to your local Animal Shelter and volunteering. There is nothing better for an animal lover than making a real difference in the life of a scared, lonely, unloved dog or cat. If it does help her cope, then you can figure out how to get the pet-friendly home you need to get a dog of your own.

    If your wife has a diagnosable mental disorder, it is quite possible that it can be managed by medication. If you consult an MD, you may find there are many options. Prescription medications may cost well over $200, but maybe you will find it is covered by insurance or manufacturer programs. That would be something to pursue, so that your wife gets the relief she needs, and you still abide by the terms and conditions you agreed to when you rented your apartment.

  5. #25

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Mr. Knowitall thank you for the clarification. This helps. In the end I just want to make sure that she is able to take part in the programs offered and that we don't take on any unnessary tasks (moving) or expenses if we don't need to. Thank you for the info.

    Catmad I'm looking for legal advice not life advice. I'm sure you mean well but I came her for legal advice not for you to recommend an alternative to an ESA or suggest going a medicinal route.

  6. #26
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Quote Quoting Mr. Knowitall
    View Post


    You don't need a medical doctor to prescribe a ESA

    That's right.

    But you DO need an animal that qualifies as an ESA for conditions that can be helped by an ESA. I don't see that here.

    Quote Quoting b0chatma
    View Post
    AdjusterJack it's obvious that you don't have any experience in this matter. No need to continue to provide your opinion.
    Typical response from somebody who doesn't like the answers he's getting.

  7. #27
    Join Date
    Oct 2015
    Location
    Somewhere out there....
    Posts
    168

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Emotion Support Animals ARE assistance animals as far as the Fair Housing Act is concerned. They are NOT Service Animals as far as public access goes. If the therapist has determined that the patient is disabled and in need of an ESA, the therapist can write the note for for the Fair Housing Act coverage.

    Here is HUD's information about this topic:

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

    Please note is says:

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

    "For purposes of reasonable accommodation requests, neither the FHAct nor Section 504 requires an assistance animal to be individually trained or certified."

    "After receiving such a request, the housing provider must consider the following:

    (1) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities?
    (2) Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability?"

    "the housing provider may ask persons who arw seeking a reasonable accommodation for an assistance animal that provides emotional support to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support."

    ETA: this is the same link Jack provided.

  8. #28

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Hi All,

    This is what my landlord provided today. Looks like this will go through fine. Thank you.

    “If the resident’s disability and/or disability-related need for an assistance animal are not readily apparent or otherwise known to the landlord, then federal guidelines state that a landlord is allowed to ask the resident to submit reliable documentation of the disability and/or the resident’s disability-related need for an assistance animal. Most individuals requesting an emotional support animal do not have a readily apparent disability and disability-related need for an assistance animal. Accordingly, landlords may ask a resident requesting an emotional support animal to provide documentation from a physician, psychiatrist, social worker or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. That documentation is sufficient if it establishes that the individual has a disability and that the animal in question provides some manner of disability-related assistance or emotional support.”

    Therefore, the next step in the process is for you to provide the documentation called for in the paragraph above. Once received, Dana will review it, and once approved, you should be able to move forward with bringing the dog home.

  9. #29
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Quote Quoting adjusterjack
    View Post
    But you DO need an animal that qualifies as an ESA for conditions that can be helped by an ESA. I don't see that here.
    Because.... of what? I get that you don't like the rules, but landlords have to follow them.

  10. #30
    Join Date
    Oct 2015
    Location
    Somewhere out there....
    Posts
    168

    Default Re: What Restrictions May a Landord Impose on an Emotional Support Animal

    Quote Quoting b0chatma
    View Post
    Hi All,

    This is what my landlord provided today. Looks like this will go through fine. Thank you.

    “If the resident’s disability and/or disability-related need for an assistance animal are not readily apparent or otherwise known to the landlord, then federal guidelines state that a landlord is allowed to ask the resident to submit reliable documentation of the disability and/or the resident’s disability-related need for an assistance animal. Most individuals requesting an emotional support animal do not have a readily apparent disability and disability-related need for an assistance animal. Accordingly, landlords may ask a resident requesting an emotional support animal to provide documentation from a physician, psychiatrist, social worker or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. That documentation is sufficient if it establishes that the individual has a disability and that the animal in question provides some manner of disability-related assistance or emotional support.”

    Therefore, the next step in the process is for you to provide the documentation called for in the paragraph above. Once received, Dana will review it, and once approved, you should be able to move forward with bringing the dog home.
    Thank you for the follow-up. I am pleased to see things are working out for you.

    1. Sponsored Links
       

Page 3 of 3 FirstFirst 1 2 3

Similar Threads

  1. Search and Seizure: Can Animal Control Enter Your House Without Permission to Check on an Animal
    By Kevin Willbur in forum Criminal Procedure
    Replies: 5
    Last Post: 01-25-2016, 09:05 AM
  2. Quiet Enjoyment: What Rules and Restrictions May a Landlord Impose on Somebody Who Rents a Room
    By jenniferng in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 02-12-2015, 04:56 AM
  3. Probation and Parole: What Restrictions Can a Probation Officer Impose On You
    By Bree11 in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 12-11-2012, 10:24 AM
  4. Pets and Animals: Coloring A Domesticated Animal, Or Moving And Trapping A Wild Animal
    By Guilty Or Not Guilty in forum Personal Property
    Replies: 5
    Last Post: 11-24-2009, 02:07 AM
  5. Disabilities and Accommodation: Landlord is Trying to Thwart Attempts for Emotional Service Animal
    By jh_06 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 08-24-2009, 03:06 PM
 
 
Sponsored Links

Legal Help, Information and Resources