Can a landlord that is accepting pets on a case by case basis deny a tenant with a ESA

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Jul 28, 2023 Views1,043 Answer a Question

I have a client that has a pet that is an America Bully/ Pitbull mix, but the pet is also a Emotional Support Animal. Can a landlord that is accepting pets on a case by case basis deny my client?

#1 Awarded – Best Answer
About 8 months ago
Tracie! There is a difference between Service animals and Emotional Support Animals (ESA's). ESA's have become EASILY fake-able. To answer your question, prior to diving further into the former comment, NO, a landlord cannot deny any tenant with a true service animal and/or Emotional Support Animal. And it's important to note that this statement/fact is regardless of the landlord's pet acceptance status (no pets allowed, case by case, etc). This is because SA's and ESA's are NOT pets, they are prescriptions. So, back to my comment regarding fraudulent ESA's: The landlord can require further proof of ESA status and prescription. I.E. require the tenant to provide name and contact information for the provider who issued the ESA prescription. This way the landlord can verify from an actual doctor that there is a current prescription for this animal in place and that it is for this specific person. The reason for this necessity is because a simple google search of ESA letter or certification or whatever, will yield a slew of results of websites where anyone can go get fake paperwork to make their pet an "ESA". This is especially common for so called "aggressive breeds". But, I've also seen people do it simply to avoid paying a pet deposit, since the landlord also cannot legally charge a pet deposit for SA's and ESA's. Hope this helps you and your client! Let me know if I can provide more info on this! codysellsproperty@gmail.com 346-412-6603
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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