ESA question- what would you do?

ESA question- what would you do? You receive a ESA letter that is dated in Aug 2019 for 2 dogs. Your Company does its own verification to confirm validity of the request for an accommodation. The drs office is not completing the verification form stating the Dr has talked to the patient. The prospect says that the Dr who called him said the Dr. who prescribed the ESA is no longer at the practice and referred him to someone else. They move in tomorrow but leased over 3 months ago and never mentioned these animals. Do you tell the prospect they have to pay to bring the animals because you don’t have your companies verification, do you wait for them to see another health care professional to get your verifications do you do something else?

Get the dr that was referred to do it?

Brittany Lozano Stasko they are obviously not under there care because they did not know they were no longer at the practice. The letter is date 8/3/2019

I would serve a violation on the lease. Your supposed to follow the law, as they are.

Diana Creason they haven’t moved in yet.

Let them move in and give them a timeframe to produce the documents or they’ll be charged.

Noreen Roxanna Renteria With Covid and all some doctors are still doing virtual visits. I’d keep the documentation they’ve provided with vet records and give them 30 days.

Jamie Bentley it’s for aug 2019. And even if they are doing virtual visits they can complete forms.

Noreen Roxanna Renteria I get that but mental illnesses don’t expire. Due to HIPAA laws some doctors won’t produce it unless in person. Ultimately it’s up to you but that’s just my thoughts

They are treated as pets until proven otherwise. Use petscreening.com. and they will make sure paperwork is legit

We use prescreening.com as well.

Julie Burke great service!!

Have them pay up front until verification process is complete. You can let them know you’ll be happy to reimburse once verification has been done. Ultimately it falls on them to provide proper documentation for the ESA and doctors know what their part is in the process as it relates to waiving fees

Megan Fleming Problem with that is, you can’t refund deposits until move out... Or at least I can’t.

Jamie Bentley can you get certified funds and hold onto it and post it towards rent once the documents come in

Jamie Bentley if you're in OneSite its called an IAS. Interim Account Statement. I beleive you can in YARDI too.

Lindey Bibler collect the payment as a Pet Fee. Once everything is verified, you can refund the fee or convert it to a deposit like you would if they brought the pet in after they moved in.

It’s not with the fight. Jamie is right on

ESA only good for one year.

Nope. Not moving in! Comply or pass on the lease!

Noreen Roxanna Renteria is the juice worth the squeeze? Take the letters, ask for appropriate paperwork within 30 days of move in. Add to lease. If they will default, it's on them.

Your company does its own verification? I thought with ESA you can’t refuse to take documentation that already has all the info you need listed because they must fill out your own company’s form. I thought it was against the law. Someone correct me if I’m wrong.

You are allowed to verify. The care provider is no longer working for the company, and they arent their current care provider so you can request a current verification

You're allowed to verify the need for an accommodation. If the disability and need for accommodation are not self-evident, you don't have to accept it. If they know that they need to pay pet fees and rent, in lieu of verifying the disability and the accommodation, they may be a little quicker about getting their ducks in a row.

Karen Mallinger not exactly. You are NOT allowed to verify the NEED for any accommodation. You ARE permitted to verify the documents submitted from a health care provider FOR the accommodation. You may not ask about the nature of the disability.

Frederica Bulsara You absolute can verify that the person is disabled and that the requested accommodation will help the person with one or more life functions. You can't verify the specifics of what the disability is, but verifying that someone is in fact disabled is essential the requesting and receiving an accomodation. Here's what HUD says on the subject.
"What information may a provider seek when a reasonable accommodation or modification is requested?
A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation or modification may be necessary because of a disability. If a person’s disability is obvious, readily apparent, or otherwise known to the provider, and if the need for the requested accommodation or modification is also readily apparent or known, then the provider may not request any additional information. If the disability and/or the disability-related need for the requested accommodation or modification is not known or obvious, the provider may request only information that is necessary to evaluate the disability and/or disability-related need for the accommodation. "

Karen Mallinger yes, you are right.

In California it doesn’t even have to be a doctor who writes the letter or fills out the form. I think we’ve lost this battle. Trying to keep aggressive breeds out of the community impossible now and pet deposits/pet rents have consistently went down each year as people have found all sorts of ways to skirt our policies.

Denise Weems yep and what gets me is why do you need 2 ESA dogs?

Noreen Roxanna Renteria exactly!! Or like the email I received today said “our dog was recently certified as a service animal” well that’s fantastic did you pay $49.99 and get an official certificate off the internet??

I would go off whatever your violation notice period would be in your state. For instance- in Az if someone has an unauthorized pet it would be a 10 day notice to cure. So if for some reason I can’t get it verified before move in I let them know we have to be able to get it completed within 10 days of move in or they have to pay the pet fees.