Customer Support
Navigating the complexities of service and assistance animals under the Fair Housing Act can feel overwhelming. In a recent webinar, we tackled this crucial topic head-on and together with guest speaker, Katie Rigsby, a multifamily expert and President and CEO of Katie Rigsby Inspires LLC provided much-needed answers and clarity to attendee questions.
Let’s dive into the list of the most frequently asked questions during the event.
Jump to a Section of Questions
- General Guidance
- Animal Types and Behavior
- Fees and Deposits
- Number of Animals
- Location and Responsibility
- Policy Enforcement
- Specific Situations
General Guidance
Q: How do you accurately screen an emotional support animal (ESA) with a doctor’s note? What specific questions can you ask the prospect/resident or doctor to verify the ongoing treatment and legitimacy of the need (beyond just a note of convenience)?
A: You can ask for documentation from a licensed healthcare professional and verify if the provider is licensed in your state. You can also verify the connection between the person’s disability and the assistance the animal provides.
Q: Can a property accept animal certificates obtained from websites that charge a fee for service/emotional support animal certification and paperwork?
A: HUD Guidance states: “Some websites sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. Under the Fair Housing Act, a housing provider may request reliable documentation when an individual requesting a reasonable accommodation has a disability and a disability-related need for an accommodation that is not obvious or otherwise known. In HUD’s experience, such documentation from the internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal.”
By contrast, many legitimate, licensed healthcare professionals deliver services remotely, including over the internet. One reliable form of documentation is a note from a person’s healthcare professional that confirms a person’s disability and/or need for an animal when the provider has personal knowledge of the individual.
Q: How can you identify fraudulent documents for approving an assistance animal?
A: The webinar did not provide specific methods for identifying fraudulent documents, but stressed the importance of verifying the healthcare provider’s license and the correlation between the disability and the need for the animal. Katie recommended during the webinar that you should confirm whether the contact information is online and contact the individual who wrote the letter
Q: How do we determine if a Reasonable Accommodation (RA) letter is from a legitimate doctor and not obtained from an unauthorized source, such as an online service?
A: Verify if the healthcare provider is licensed to practice in your state. Again, Katie recommends confirming whether the contact information is online and contacting the individual who wrote the letter.
Q: If they refuse to sign the form that we send to the health provider, which asks the provider to answer questions to verify the need, and the provider cannot verify without the patient’s signature, does that mean we cannot verify and can deny?
A: You cannot require someone to use your company’s specific form. If they provide a letter on official letterhead that includes all the necessary information, that letter should be accepted, and they should be informed it will be verified for authenticity. A healthcare provider should not need written permission to confirm they wrote the letter and that it’s on their letterhead. However, if the individual has not provided sufficient documentation and will not allow verification, it is reasonable to explain that you cannot approve the request at this time due to a lack of verifiable information. It is always best practice to consult legal counsel before denying a request.
Q: Do we have to accept a doctor’s note from a nurse in another state?
A: Some states have individual laws on this topic, but in general, you shouldn’t deny it because the letter is from someone out of town. There are other factors to consider, such as whether the individual has just moved from out of state. While some healthcare providers are out of state, they may see patients online, so they would need to have a current license in the state where they are providing medical services. The fact that the person verifying is out of state is not typically sufficient for denying, but it is enough to ask more questions or do further verification.
Q: If we cannot require a signature or request the use of our form, how will we obtain verification without the resident’s written consent?
A: You cannot deny their request because they did not use YOUR form for verification, but you can require verification if your company requires verification. The individual could provide a letter on letterhead with all the necessary information for verification. Then, the office can call the healthcare provider and confirm that they generated the letter. If proof has not been provided and you are unable to verify because the individual will not allow you to, then it would be reasonable to say you are unable to approve at the current time, as it is unverifiable. It is always best practice to consult legal counsel before denying a request.
Animal Types and Behavior
Q: Can you deny an ESA that is a lizard or guinea pig?
A: We do not recommend denying a reasonable accommodation for a lizard or guinea pig if the animal is small enough to be kept in an aquarium-style tank or small cage AND the requester has provided information confirming there is a disability-related need for the animal.
Q: If a resident has an aggressive ESA, can we require them to remove the animal from their residence?
A: You must have proof that a specific animal has caused a problem or has a history of aggressive behavior, not just that it is an aggressive breed. Additionally, you must work with the individual to determine if any steps can be taken to prevent or reduce the likelihood of denial; always consult with legal counsel. HUD Guidance states, “Thus, housing providers may not limit the breed or size of a dog used as a service animal or support animal just because of the size or breed but can, as noted, limit based on specific issues with the animal’s conduct because it poses a direct threat or a fundamental alteration.”
Q: What about unusual ESAs like a python or farm animals in an apartment? Are there limits on the types of animals allowed?
A: The list below highlights specific guidance from HUD related to the question: “What are examples of a patient’s need for a unique animal or unique circumstances?”
- The animal is individually trained to do work or perform tasks that cannot be performed by a dog.
- Information from a health care professional confirms that:
- Allergies prevent the person from using a dog, or
- Without the animal, the symptoms or effects of the person’s disability will be significantly increased.
- The individual seeks a reasonable accommodation to a land use and zoning law, a Homeowners Association (HOA) rule, or a condominium or co-op rule.
- The individual seeks to keep the animal outdoors at a house with a fenced yard where the animal can be appropriately maintained.
If the animal is not a dog, cat, small bird, rabbit, hamster, gerbil, other rodent, fish, turtle, or other small, domesticated animal that is traditionally kept in the home for pleasure rather than for commercial purposes, it may be helpful for patients to ask health care professionals to provide the following additional information:
- The date of the last consultation with the patient.
- Any unique circumstances justifying the patient’s need for the particular animal (if already owned or identified by the individual) or particular type of animal(s).
- Whether the health care professional has reliable information about this specific animal, or whether they specifically recommended this type of animal.
It is also recommended that the healthcare professional sign and date any documentation provided, as well as provide their contact information and any professional licensing information.
Q: Can all dog breeds be service animals? What if a tenant with a large dog claims it’s a service animal and gets an attorney when asked for documentation?
A: Yes, all breeds can be service animals. Breed restrictions do not apply to service animals.
Q: Is a python snake considered a unique type of assistance animal with specific considerations?
A: Please see the previous question about pythons or farm animals. The recommendation would be to determine the type of python, as there are types that do not get very large and are generally docile. However, this may constitute a unique animal, and you could ask a healthcare professional why another breed of snake would not suffice. Additionally, we recommend consulting your legal counsel for specific questions regarding your property.
➡️ Check out our webinar on assistance and service animals: Doggonit! Do I HAVE To Approve That Animal?
Fees and Deposits
Q: Are we able to charge any fees or deposits for ESA animals? We are seeing a lot of online ESA certifications and suspect abuse. Are there restrictions preventing this abuse?
A: no pet fees or deposits can be charged for ESAs.
Q: But if it’s a non-assistance animal, we can charge for the pet, right?
A: You cannot charge any additional fees for a service animal or an ESA. You can only charge fees for pets, which are not considered support animals.
Q: Related to HUD Section 8, can we charge a resident for damage caused by their assistance animal soiling the grounds?
A: You can charge for damage caused by an assistance animal, just as you would for any other damage to the property.
Q: Do you have to return the nonrefundable pet fee if they make their pet an assistance animal, even if they have been living at the property for months?
A: During the webinar, it was recommended to cease any continuing pet rent charges, but it was also suggested that the initial nonrefundable pet fee might not need to be returned, especially if the animal was a pet at the time of move-in. To clarify, some properties charge a pet fee, and others charge a pet deposit. If any of the pet monies are refundable (meaning deposits), we recommend issuing a refund once the animal is certified as an assistance animal and then charging for damages at move-out, as you would typically do for assistance animals. If there was a nonrefundable fee, consider consulting legal counsel.
However, we believe that because the fee was paid when the animal was a pet, it is reasonable that the resident paid a pet fee. While there is no specific rule or guidance on this from HUD, an option to consider is giving a pro-rated refund of the fee based on how much time is left on the lease.
Q: What if they get an ESA certification WAY after the fact they were caught with an unauthorized animal? Are we required to reimburse them after they already paid the nonrefundable pet fee? (Basically, it was an unauthorized animal on a prohibited breed list caught during inspection. We caught it, addressed it, the resident acknowledged it, and then the resident went online and got an ESA certificate.)
A: If the animal was a pet — and not an ESA — at the time of move-in, the initial fee might be retained, but an ongoing pet rent should cease.
Q: Can we charge a DNA fee for the assistance animal to be DNA registered to ensure that pet waste is picked up?
A: No. An assistance animal is not a pet; it is a necessity to provide equal access or enjoyment to the community. Therefore, you are making it more expensive for a person with a disability to live in your community.
Number of Animals
Q: Are there any regulations on the number of ESAs that a single individual may claim?
A: It was stated that there is no limit. See HUD Guidance: “While most requests for reasonable accommodations involve one animal, requests sometimes involve more than one animal (for example, a person has a disability-related need for both animals, or two people living together each have a disability-related need for a separate assistance animal).”
The decision-making process in this guidance can be applied to all requests for exceptions or modifications to housing providers’ rules, policies, practices, and/or procedures, enabling persons with disabilities to have assistance animals in their housing.
Q: What if a resident claims they “need” an extremely large number of ESAs (e.g., 200 chihuahuas)?
A: This would likely be considered unreasonable, and the lack of a clear nexus between such a large number of animals and a disability would be a valid concern.
Location and Responsibility
Q: What if we approve an assistant animal, and they have a different family member walking the dog all the time?
A: This is generally acceptable as long as the animal provides assistance to the resident with the disability. Specific HUD Guidance states, “A person with a disability is responsible for feeding, maintaining, providing veterinary care, and controlling his or her assistance animal. The individual may do this on his or her own or with the assistance of family, friends, volunteers, or service providers.”
Policy Enforcement
Q: What if the resident has refused to sign the assistance animal policy and also refuses to provide the necessary shots?
A: The webinar did not directly address this, but if the property requires all animals (including pets) to have current shot records on file, it is reasonable to request the same for assistance animals. It may be reasonable to provide extra time, as they may need assistance in getting shots, but you cannot require shots if pets at the property are not required to have shots. Also, the assistant animal policy is part of the lease agreement. What would you do if someone refused to sign any other addendum or portion of the lease?
Q: What if staff find the animal and the resident does not have ESA paperwork on file, but when the resident is questioned, they provide a letter at that time?
A: The webinar suggested that if proof of ESA status is provided later, ongoing pet rent should cease, but the initial pet fee might not be refundable. Refer to HUD Guidance: “A resident may request a reasonable accommodation either before or after acquiring the assistance animal. An accommodation also may be requested after a housing provider seeks to terminate the resident’s lease or tenancy because of the animal’s presence, although such timing may create an inference against good faith on the part of the person seeking a reasonable accommodation. However, under the FHA, a person with a disability may make a reasonable accommodation request at any time, and the housing provider must consider the reasonable accommodation request even if the resident made the request after bringing the animal into the housing.”
Q: What if they are bringing animals in after knowing the property has a no-pet policy and then claim it to be an ESA?
A: The timing of the ESA claim after violating a no-pet policy might be a factor to consider, but if valid documentation is provided, it generally needs to be accommodated.
Q: If a resident has approval for one assistant animal and then adds three more that are unauthorized, can we evict them?
A: We do not recommend jumping to an eviction. Persons with assistance animals must comply with the ANIMAL policy, not the pet policy. If they violate the lease, address the lease violation. If they claim it is an assistance animal, go through the company’s standard verification process.
Q: If someone has multiple approved assistance animals, but housekeeping is suffering due to their presence, is property management allowed to address the issue and ultimately non-renew if the housekeeping issues persist or are not remedied?
A: Yes, you should address the lease violation as per your lease. I recommend consulting legal counsel before filing an eviction on someone because of a violation that is a result of their disability.
Q: If a household has three ESAs and the animals are not housebroken, thereby making a mess in the apartment, can we do anything about that?
A: Yes, you can address damage and sanitation issues caused by animals, regardless of their assistance animal status. Residents are responsible for maintaining their living space.
Specific Situations
Q: Can an animal trainer have pets in their unit without any supporting documentation (ESA/service animal paperwork)?
A: Unless the trainer has a documented disability-related need for the animals as assistance animals, standard pet policies likely apply. Under the ADA, the dog must already be trained before it can be taken into public places. However, some state or local laws cover animals that are still in training. An ESA does not require official training; therefore, it is my opinion that someone training these animals is not covered unless they are disabled and have a disability-related need for this specific animal in their home. I do not believe this would have to be allowed, and a pet fee/policy could be implemented.
Q: What if a parent is asking for an ESA for their adult daughter who does not live in the unit?
A: The definition of “disability” under Fair Housing laws includes people “associated with” a person with a disability. That means a housing provider might have to make a reasonable accommodation for a resident’s guest with a disability who is “associated” with the resident. Visiting or guest assistance animals should be subject to the same process as a resident assistance animal, meaning information about the existence of the guest’s disability and the guest’s disability-related need for the animal should be obtained in the same manner as if the request came from the resident.
Q: If someone was fined for having an unauthorized animal but then proves it’s an ESA, must the fines be reversed?
A: Yes, if the animal is proven to be an ESA for a resident with a disability, associated pet fees and fines should likely be reversed for the period the animal qualified as an ESA.
Q: I have a resident who got a puppy and claims it is a service animal. However, the dog hasn’t been trained yet, but she states she is going to train it. Do I have to accept the animal as a service animal, or can I say no until after the animal has been trained?
A: No. Under the ADA, the dog must already be trained before it can be taken into public places. However, some State or local laws cover animals that are still in training.
Q: Is there no such thing as a “license” or “registration” for ESAs?
A: No, although there are sites online that will sell them. There is no certification or training for an Emotional Support Animal.
Q: What is the difference between therapeutic and emotional support animals?
A: A therapy or therapeutic animal is another name for an ESA or comfort animal. It is not a service animal.
Q: Should emotional support animals be professionally trained?
A: While not always professionally trained, ESAs must provide emotional support that alleviates a symptom of the person’s disability. Service animals must be individually trained to perform specific tasks.
Q: My property is located in New York; I know New York might be very different from other states.
A: The webinar recommended consulting with local legal counsel to understand specific state and local laws regarding assistance animals.
Navigating Fair Housing laws related to assistance animals can be tricky, and as public awareness grows, management teams must be prepared with training and policies to handle requests appropriately.
If you missed the live event, watch the on demand recording now.
Disclaimer: This FAQ is based on the information presented in the Grace Hill webinar “Doggonit! Do I HAVE To Approve That Animal?” and the user-provided questions. It is not intended as legal advice. Always consult with legal counsel for specific guidance related to your property and jurisdiction. For additional assistance animal related resources mentioned during the webinar, visit katierigsby.com.
