Let's say an applicant at your community has FOUR ESA's or service animals (two dogs, two cats). You acknowledge that it's possible a person can have more than one disability and therefore more than one animal, and you recognize that they are supposed to be excluded from the "2 pet maximum" policy altogether. You also acknowledge that in a request for a reasonable accommodation, the FHA defines reasonable as "not fundamentally altering the way we do business and not creating an undue administrative or financial burden".
Would you send them a reasonable accommodation request form to be signed by a health care provider? In your opinion, is there a certain number of animals that may become unreasonable?
If the disability is not obvious to a reasonable observer, you can absolutely give them a reasonable accommodation form to be filled out by their physician. Be consistent with this and do it with EVERYONE bringing an ESA, even if it’s just one. This is well within fair housing laws.
Also, an emotional support animal and a service animal are not the same thing, so depending on where you live and how your lease is written, you may not even need to accept ESAs. Federally under the ADA, only service animals are protected, not emotional support animals. Not saying you shouldn’t accept them, just that it might not be legally required.
I think there should be a form regardless of the #, look into Virginia rules for ESA. They have some great guidelines. I’d be happy to put you in touch with the right person!
i was told a person could have as many "ESA's" as necessary so long as they have the documentation. So even though it may seem odd, I would still have a reasonable accommodation form filled for each. I have to be consistent (although it's been strangely quiet on the ESA front here lately). Hope I didn't just jinx myself.
So, here’s a question I have - does each doctor NOT have to know about the OTHER animals? What if these are from 4 different doctors - that’s like doctor shopping for narcotics, ya know? If it was 4 different doctors, I’d definitely be suspicious. Has there been an opinion written about different doctors? I know Anne said we don’t have to take them from out of state, assuming they never lived there.
You have a right to accurate and reliable verification. If the disability/handicap is not apparent and/or there is no nexus between the request for the reasonable accommodation and the disability/handicap you need to request reliable verification
You ALWAYS have the right to verify if the disability is not obvious. I’d make it a practice to always do the verification form for non apparent disabilities. I can email you the form we use if you’d like.
We have forms we send directly to the doctor who can verify the need. BUT- my problem is the ones that already have an animal and apply to your "no pets" property, but put on the application that it is "support". Then they bring you an RX from their Dr stating that the person would
"benefit emotionally" by keeping their animal! OF COURSE NO ONE WANTS TO GIVE UP THEIR 'PET' AND IT WOULD BE EMOTIONALLY TRAUMATIZING!!!
You may require a document from a medical/health care provider for each animal, stating how it serves the person. It would be pretty rare for one person to have disabilities that require 4 animals. It is not unusual for a person to need two. for example, a person is both blind or deaf, and in a wheelchair.
You do have the right to get information form the 3rd party health care provider when one of any claimed disabilities are not evident or visible.
ADA and Fair Housing are two different entities. ADA applies to public places and to the offices and public areas in our communities. It does not apply to actual housing.