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  1. #1
    Join Date
    May 2016
    Posts
    1

    Default What Documentation Can a Landlord Require for an Emotional Support Animal

    My question involves landlord-tenant law in the State of: California. I have recently moved to a different city and happened to rent from a management company whom I have learned is notorious for not follow CA law and uses bully tactics to get more money from tenants.

    I have recently given them a letter from my physician which states that I have an anxiety disorder and am using my cat as part of my treatment. The company now wants me to submit a bunch of paper work that reads 'i promise i am really disabled,' and another document which I give them a signature to allow them to ask my doctor when I was diagnosed and treated, with the exact date. I feel that this is somewhat humiliating and a violation of privacy as my doctor, from Kaiser - a reputable facility- already disclosed to them this information in the letter.

    To make matters worse, it took me a week to get the document as my physician is in another city since I have recently moved and my anxiety is not doing well with the situation.

    Now they are calling me to get this documentation. Its Sunday, and they are calling me. Am I legally required to fill this out even though I have already provided them with a letter written a day before I gave it to them?

    PS: Thank you for your help.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Emotional Support Animal Letter, but My Managment Company Wants More

    We had a lengthy discussion about emotional support animals just recently.

    Please read all the comments then come back to this thread for further discussion:

    http://www.expertlaw.com/forums/showthread.php?t=196402

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What Documentation Can a Landlord Require for an Emotional Support Animal

    Quote Quoting momomo
    The company now wants me to submit a bunch of paper work that reads 'i promise i am really disabled,' and another document which I give them a signature to allow them to ask my doctor when I was diagnosed and treated, with the exact date.
    That's not permitted. Here's HUD's position:
    Quote Quoting HUD FHEO Notice: FHEO-2013-01
    Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider to submit reliable documentation of a disability and their disability-related need for an assistance animal. If the disability is readily apparent or known but the disability-related need for the assistance animal is not, the housing provider may ask the individual to provide documentation of the disability-related need for an assistance animal.... For example, the housing provider may ask persons who are 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.

    However, a housing provider may not ask a tenant or applicant to provide documentation showing the disability or disability-related need for an assistance animal if the disability or disability-related need is readily apparent or already known to the provider. For example, persons who are blind or have low vision may not be asked to provide documentation of their disability or their disability-related need for a guide dog. A housing provider also may not ask an applicant or tenant to provide access to medical records or medical providers or provide detailed or extensive information or documentation of a person's physical or mental impairments. Like all reasonable accommodation requests, the determination of whether a person has a disability-related need for an assistance animal involves an individualized assessment. A request for a reasonable accommodation may not be unreasonably denied, or conditioned on payment of a fee or deposit or other terms and conditions applied to applicants or residents with pets, and a response may not be unreasonably delayed. Persons with disabilities who believe a request for a reasonable accommodation has been improperly denied may file a complaint with HUD.
    Note that the letter does not need to identify the disability.
    Quote Quoting momomo
    To make matters worse, it took me a week to get the document as my physician is in another city since I have recently moved and my anxiety is not doing well with the situation.
    It would make sense to seek a referral for a local, licensed mental health care provider, and get a letter from that professional.

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