Is a housing provider able to ask for the symptoms of why someone needs an ESA? Not the diagnosis.

Topic Author
  • Posts: 48
  • Thank you received: 4
10 months 3 weeks ago #642732 by Guest Insider
Is a housing provider able to ask for the symptoms of why someone needs an ESA? Not the diagnosis.
10 months 3 weeks ago #642732 by Guest Insider
  • Posts: 8
  • Thank you received: 0
10 months 3 weeks ago #642733 by Brooke Frederickson
10 months 3 weeks ago #642733 by Brooke Frederickson
  • Posts: 47
  • Thank you received: 5
10 months 3 weeks ago #642734 by Miles Scruggs
Brooke frederickson it isn’t required to be trained…
10 months 3 weeks ago #642734 by Miles Scruggs
  • Posts: 3
  • Thank you received: 0
10 months 3 weeks ago #642735 by Sarah Trefz Watson
Brooke Frederickson service animals and ESA's are different.
10 months 3 weeks ago #642735 by Sarah Trefz Watson
  • Posts: 3
  • Thank you received: 0
10 months 3 weeks ago #642736 by Paul Hoffman
No you can't. If the disability is not apparent or the person is not regarded as bein disabled, then, Ask the resident to submit documentation verifying the animal is needed due to a disability.
The housing provider may ask persons who are seeking a reasonable accommodation for an assistance animal that provides emotional support to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that it alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.
You cannot asked what how or when they become disabled or even symptoms of their disability.
There's a lot more to this.
I recommend contacting your corporate office, or your company attorney.
10 months 3 weeks ago #642736 by Paul Hoffman
  • Posts: 47
  • Thank you received: 5
10 months 3 weeks ago #642737 by Miles Scruggs
Paul Hoffman kinda.
1.) you can ask how their disability effects their enjoyment of the housing. Read and understand this part of the FHA is promotes a dialogue with all parties and it is really had to have a dialogue about how to accommodate someone if you can’t understand the nexus of their disability and housing.
2.). Again the way the FHA is written the third party absolutely does not need to be any sort of professional. The third party could be their mom or even a good friend who is known to them (try to define that at your peril)
How or when aren’t relevant to finding the best way to accommodate someone so they aren’t part of the dialog. In theory you could be in violation of the FHA if you just rubber stamp anything that comes through with a doctors note. Again it requires a dialog that is unique to the disabled person and their disability.
10 months 3 weeks ago #642737 by Miles Scruggs
Jennifer Kotzur
10 months 3 weeks ago #642738 by Jennifer Kotzur
You're technically allowed some questions with a service animal but not an ESA. Service animals are regulated by ADA and ESA animals are FHA from what I remember. When in doubt play dumb but don't act it. Allow the Emotional Support Goat - if the owners wanna sue then let them. But honey - you won't be the one getting sued
10 months 3 weeks ago #642738 by Jennifer Kotzur
  • Posts: 1
  • Thank you received: 0
10 months 3 weeks ago #642739 by Kenneth Wright
As a rule of liability, I don’t ask questions. I don’t get paid enough to get sued over an ESA dog.
10 months 3 weeks ago #642739 by Kenneth Wright
Shawna Mae
10 months 3 weeks ago #642740 by Shawna Mae
10 months 3 weeks ago #642740 by Shawna Mae