We recently had an inspection and found several unregistered pets, so we sent them a seven day to cure notice. Some of the residents stated they had a friend visiting with an ESA. I know we have to accommodate, but does anybody know if you are allowed to require the friend to bring an ESA letter to prove it since we require residents to do so? Has anyone specifically had experience with this? I asked our attorney, but haven't heard back, yet.
You do not have to accommodate since the visitors are not on the lease. Only one you have to accommodate is the lease holder with the proper documentations.
Lisa-Marie McGaughey this! You are legally obligated to allow the lease holder accommodation(with docs), any guests do not have that obligation unless they are added to the lease.
Having experience with this, guests do not qualify for reasonable accommodations or modifications (esa for example) since they are not leaseholders. Had one person go all the way up the ladder to be denied because their guest wanted us to install a handicap spot just for them during their visits to only be reserved for them.
I think the phrasing I would use is “no approved animals” and send the violation anyway. I worked for someone who would go ahead and charge pet fees and let them know we would remove when documentation was produced.
We just had this in Ohio, our attorney said to allow it but still have them fill out the reasonable accommodation form with vet records and a doctor's note to keep on file. Memo the account in the event of move out damages.
Visitors need to provide proper documentation (vet records of recent rabies shots ) and medical authorization to have the ESA from the visitors doctor PRIOR to their visit .
This is part of our lease and we put a memo in every newsletter.
You do not have to accommodate. Our lease states no dogs unless certified service or therapy animals. Dog sitting and visiting included.
I bill them the $150 pet fee per month until the dog is gone or in compliance.
Wait for your attorney. Here is what you need to be asking in EVERY situation: 1) Is this statement considered a "verbal request" for a reasonable accommodation? 2) Is it "reasonable" for a resident to have a guest that requires an ESA animal? It really doesn't matter what your rules, lease or law says once a HUD complaint has been filed. It's called "Reasonable Accommodation" for a reason. Please do not take the advice from people here regarding this situation. Wait for your attorney.
My lease shows no visiting animals or pets at my apartment where i live and the community i work for, requires everything to go through pet screening even if it is a guest’s pet
How long is the visit? More than 30 days is not a visit but a new tenant . Requesting a letter shouldn’t be an issue. If they are telling the truth the guest should have easy access to documents. The problem is we’re all so scared on stepping on toes while getting stomped on ourselves.