Topic: So what happens when you deny an emotional support animal?

So what happens when you deny an emotional support animal? IE Sorry we are no pets and won’t accept your letter. Looking for a real life examples of consequences. 

Edit: Thanks everyone for your input! I am familiar with the law just wanted to see what end result was for actual violations. This page is a great resource all around

You cannot deny an ESA even on a pet free property if they have appropriate documentation. I have denied ESA on fake letters.

Thanks I am using petscreening.com is that what you use? And how do you know if it’s fake will they take care of the screening

Pet screening does pretty well also we see a lot of out of state provider letters from people they’ve only seen once to get a letter.

You don’t even have to register here. A letter from any doctor is all that’s required.

ESA’s with proper paperwork aren’t considered pets with the proper paperwork/documents. Here’s the link to the latest HUD guidelines. www.hud.gov/.../docu.../HUDAsstAnimalNC1-28-2020.pdf

$55k - $75k per violation depending on how the ADA enforcers feel

Plain and simple- Lawsuit. Emotional support are not considers pets and you can not deny them if they have the required information.

ADA investigations are fairly quick to act and usually the department of justice handles it

You cannot deny an ESA if they have proper documentation and proof that they are under a Doctor's care. We do not accept internet forms. All of our communities are listed as pet free, but we have to accept ESA and Service animals

Use petscreening Don’t leave it up to staff

I agree with all of the above. Proper paperwork the pet comes with them.

I would immediately contact my attorney before denying them. This type of lawsuit is swift and severe. You can depend on a screening company to alert you to an issue. But I would never turn away an ESA animal without an attorney’s advice. Since you are not a doctor, it’s not up to you to decide whether they are seen once in a year or 20 times.

Call your lawyer and prepare your owner. It’s going to cost them.

Skip the lawyer and save your client. Just explain the law to the owner and send them a link to read it for themselves. Most condo associations have an attorney, let them squawk, and they'll soon learn that their rule is unenforceable when it comes to ESAs.

Policy does not trump law.

You can’t turn away an emotional support animal or charge them pet fees

If the person requesting it isn't disabled you sure can. An ESA don't magically make it's owner disabled either in case you were wondering that.

I’m speaking about disabled individuals that have support animals

Massive fines against you and the property. and a lawsuit against you, and the management company and owners.

From my understanding even if you are a no pet community you are required to allow the pet as a reasonable accommodation as long as the paperwork checks out

You probably won’t hear any real life examples here because those companies are broke. I work alongside a HUD investigator and the YEAR you’d have before the case even made it to court would be the worst year of your career. And you can’t “settle” with HUD.

Esa is not a service animal. And hard to prove they have a legal Dr's. Referral. Most just go on line and pay to get one. You can refuse Esa animals, not service animals

We use pet screening to screen our pets. Before we would just verify with the DR that wrote the note. You are allowed to verify the information

Please talk to your lawyer before you get sued. You can't deny an actual ESA, but they do need to be verified. We use Petscreening.com.

If you feel it’s fake, use Pet Screening. If you just don’t want them, I’m sure there are other reasons for a denial or better tenants in waiting?

That’s a violation of the ADA and therefore the FHA. There are ways your company can establish proper procedures and steps to weed out the bogus and fake letters. But reality is if they have a medical provider or licensed therapist that will verify the need for the emotional support animal , you will need to allow it. Or could be sued .

ugghh there is so much misinformation out there. In general ADA has very little at all to do with housing and it is no way shape or form related to the FHA. ADA governs public spaces, which maybe leasing office etc, but once you walk through the front door of a residence ADA is out the window and FHA is in play. Also they don't need a medical provider or therapist to verify, the language of the law is much more broad than that.
It is frustrating how many people are quick to offer opinions on this type of stuff when it appears they've never once read the law itself.
Also to be clear, absolutely nothing at all prevents you from being sued. You can only do thing that will increase your chances of prevailing or decrease the likelihood that you will be sued.
Please please for everyone's sake, don't offer misinformation on critical legal items, it is the exact opposite of helpful.

I’m not that far off. Emotional support animals are for people with disabilities and the ADA protects people with disabilities. So while there may be some technical arguments made against what I said about ADA AND FHA it’s really not that far off and not worthy of an “ugghhh”. The overall point of don’t discriminate against someone with a disability regarding their ESA is the bottom line.

I guess, it just isn't helpful with housing and disabilities to reference the ADA. It points people to the wrong body of law, specifically in terms of ESA, very little of the ADA would apply to an ESA. The ADA more strictly limits the use of animals to those that are trained to perform a specific function etc. If you point someone to the ADA and they actually read the law they could come away with the impression that untrained ESAs don't meet the requirement which could put them in very hot water. Conversely if you apply FHA law to your common spaces etc, it is much harder to arrive at a painful conclusion. You specifically stated it was related to a violation of the ADA (which it most certainly would not be) so someone following up on that in more depth would have been pointed to the ADA not the FHA based on your opening statement. If all you mean is: "Don't discriminate against disabled persons" then just say that. Don't add on misinformation that points people in the opposite direction that will lead them to an exact opposite conclusion. One that would likely be a very painful outcome if they were to base their decision on the ADA.

You will be sued. An ESA animal is NOT a pet. It’s a minimum $10K fine
For you and every person that supervises you.

You might want to be specific about your words. You **may not** (it was pointed out when I said "ever" that isn't correct) have to accept an emotional support animal. You do have to process requests for reasonable accommodations for tenants disabilities. If you deny a request that was 1.) Reasonable, 2.) necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling 3.) they are disabled. Then you open yourself up to all sorts of spankings. Human Rights Commission, HUD, private law suit, State Attorney General. It's like hanging steaks around your neck and running buckass naked through a hungry den of lions. Everyone will want a piece of you.

This is not correct. I am disabled. I have severe anxiety that makes my day to day life extremely difficult. I have mood swings, anxiety attacks, fidget uncontrollably, space out or forget things, and am generally incapable of confrontation. It sends me into severe shakes and eventually an attack. The attacks result in headaches, severe sleepiness, and inability to focus.
If you tried to tell me I can't have my emotional support animal, that was prescribed to me by a medical professional to help alleviate my symptoms by providing me with sensory assistance (certain materials, fur, and weight help calm my fidgeting and help me focus), I would 100% sue you.

Check out PetScreening.com.
It’s free for property managers as long as you are pet friendly, too. PetScreening works with all platforms like Yardi, ONESite, Entrata, etc.

I work at PooPrints and get asked ESA questions by many of our clients. I always refer them over to our friends at PetScreening! ESA verification is their expertise and we hear great things from our clients that use their service!!

It’s not worth the lawsuit. Even if it’s an ESA they can have it but they are responsible for damages. No pet deposit. No pet rent.

What ever state you are in. Contact your professional assos. They keep up with this including case law. They have necessary forms and procedures.
You done have to invent a wheel or incur attys fees everytime.
Pet Turkey, python, pig and a big Bermese mountain dog have been approved

I would never deny. I always say unable to approve at this time. It lets you dig deeper without saying no and puts the ball in their court. In general, in my experience, ESA’s are reasonable accommodations to most reasonable people, so I would tread carefully.

Every multi-family property must abide by Fair Housing law, in addition to ADA. This law is regulated by HUD's Office of Fair Housing. In January of 2020 HUD issued guidance regarding service animals and ESAs. Every person working in this industry should read the Notice which can be found here: www.hud.gov/.../docu.../HUDAsstAnimalNC1-28-2020.pdf

ESAs are not "pets." Unfortunately, it has been common knowledge that having a healthcare provider's note is the way to get restricted breeds into communities and/or to avoid pet fees and deposits.

I’ve only been able to flat deny one ESA request. The letter was fake as heck with what looked like a serial killer letter newspaper word cut outs over the name of the “patient”, the dates, and “condition”. Those words were fuzzy, too big, and wrong font. I googled the ‘medical clinic’ and the persons license number listed on the document. It was a clinic in another state that had never heard of the person who supposedly wrote the letter. And the license number was for a social worker who had their license revoked 2 years prior. She admitted it was from an online site she paid $300 to for the letter. She got scammed and I told her she had to pay pet fees. She gave the dog away a month letter.

(She was also a resident who almost burned down our 100 yr old building leaving grease cooking while she ran to the store and “forgot about 5pm rush hour traffic in downtown Birmingham”. Thank god I stayed late that day working and my office was one floor up in the same stairwell! Smelled the smoke and heard the fire alarm so made emergency entry when she wouldn’t answer the door, managed to get the about to burst into flames pot off the gas stove just in time. Needless to say not the brightest….)

I agree "Don't leave it up to staff". The corporate office should handle. However, our company chooses to be much more aggressive than Pet Screening. We don't accept paid ESA letters at all. Unless they recently changed, Pet Screening simply calls the letter writer to confirm they wrote the letter in question. Also, check your State law. To date, 22 states have laws stricter than Federal, including ever very liberal California. Hawaii and Oklahoma have bills in legislation. These fake ESA letters delegitimize persons with real disabilities. The more of us that fight against them, the better for our entire industry.

Your corporate office should handle. However, our company chooses to be much more aggressive than Pet Screening. We don't accept paid ESA letters at all. Unless they recently changed, Pet Screening simply calls the letter writer to confirm they wrote the letter in question. Also, check your State law. To date, 22 states have laws stricter than Federal, including ever very liberal California. Hawaii and Oklahoma have bills in legislation. These fake ESA letters delegitimize persons with real disabilities. The more of us that fight against them, the better for our entire industry.

Amen --- Thank you for posting the correct information

So what? Many people move from state to state. Others don't keep asking for a new letter for an ESA once they have established that once. Petscreening.com is dancing a fine line of discrimination from the property management companies and they know that. That's why it's promoted once way to the residents and another way to the property managers themselves. Bunch of smoke and mirrors with the goal of lining the pockets of the creators of this train wreck. I URGE YOU TO IMMEDIATELY FILE A COMPLAINT TO HUD IN YOUR STATE. THIS HAS TO BE STOPPED.

I have 2 furbabies one is calm and older and he loves to love on. Me and he knows when I'm upset. He calms me my other is 2 and my spouse has mental anxiety as well so they help us both. We have gotten the letters from our physicians and yet PetScreening is basically asking why I'm treating? They don't need the diagnosis just reason that we need them for support. They got yet still we have been separated from our pets I'm beginning to think it's just them . I even told the PetScreening lady to feel free to call her. Meanwhile my stress and anxiety is through the roof and I'm still being asked for more info. I wk from hm so they can help me . I'm beginning to thing it's just them wanting $. And no the letters are from treating physicians. I welcome them to call

I get where you’re coming from, but you’re asking for trouble here. Federal guidance trumps state guidance when it comes to Assistance Animals. You are one knowledgeable tenant away from a HUD complaint. Not worth the risk, even in the slightest.

This is happening to me 2 cats got letter i live with incurable disease and its not good enough still want more info… i do think its about the $ my cats been here 4 yrs now no issues but all of a sudden my property useing this petscreening and now its a problem. And what do you mean your without your furbabies ? Noway you gave them up? U had legit letter ? Please tell me your experience with this petscanner BS thank you

This is applicable to me as a disabled person. Pet screening.com is terrible for us and has denied legal paperwork. We will be seeking an Attorney. I would be very careful with denying out of state letters.

Um no you can’t. Just because you don’t see the disability doesn’t mean you can they can be mentally disable not just physically. Ptsd adhd and any other mental illness bipolar depression. Just because you don’t see it doesn’t mean it isn’t there .

Your incorrect

Is Ada who you go to for ESA PTSD dogs in regards to laws around them I'm an elder permanently disabled and humane society that just became private owned has seized my shitzu without reasonable cause or justification and won't give her back I need to know if my ESA dog can be taken without a hearing before they take the reason used was in proper care which is a broad ban of possibilities in this case the dog and i fell down faulty stairs it broke her leg i had taken her for all necessary care including a specialist I made all appointments they are claiming i missed appt. In past what I did was change never miss
I made one last appt with her regular vet they claimed that afraid I would miss it so they would make sure she got there and if vet said she could come back to me they would give to me I complied on the day of appt I wasn't allowed to see her or be in room when examining when begged to talk to doctor told humane took her to own vet and found a heart condition greater than a murmur we were already aware of I was given this dog because her owner passed away they still will not return her im afraid will put to sleep and I have not seen these doctors results they also told me I couldn't afford all they have done in costs
when they are assuming I need my dog whether she is suffering or not I will do the right thing for the dog not them there was nothing I hadn't done that they did I scheduled and made all the appts the last one they took from me as if I wouldn't of I was there
We are both suffering because of their separation and harsh action over assumption this has affected me in the hardest emotional way and certain same for my cherished ESA needed dog I can't function without her where do I go I'm afraid they killed her .

So I live in a town in Wisconsin that told me I can't have my horse here at my house even though I have a ESA letter from my doctor, the town is saying I have to pay for a permit to keep my horse (esa) animal on my property, even though I have 5 acres of property and a barn. Can they do this and if not what do I do?

I have an Esa animal who is a bearded dragon very tame household household I have a letter for him take him everywhere I go I'm denied into Burleson Baptist Church food pantry denied whereby the law I can take him anywhere except there they have their own laws because it's a church

Question, I have a registed ESA dog, in a dog friendly Complex.. But the manager made me remove, and " Banned " my Dog from the property; because she showed up at my door with several people Unannounced..and the Dog " 10 lb Rat Terrier Pup" started biting at one of the Men's ankles, when he tried to enter, and she pulled me aside with some BS as I tried to catch him before he ran out the door.. Then she lied about what happened of course..She does not like me at all.. Is that Legal ?? And what can I do about it ? . HELP ! I want my Dog back, but don't want to be evicted either..

My sister's doctor letter was denied twice. She is trying to get a new doctor to see if her letter will get approved with pet screening.