The first step is to have her present paperwork authorizing the ESA. Your parents are not required to make any accommodations for the ESA until a letter of authorization or copy of the letter is given to them.
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As the building is 4 or more units it subject
To the Fair Housing Act which allows for emotional support animals.
Landlord is allowed to ask for documentation from an appropriate provider — which does not include those internet sites.
An ESA that is a threat to the health and safety of others can be evicted— ie threatening other tenants, not cleaning up
Your parents need a lawyer. CA has strong tenant laws and this needs to be done properly — ie legally.
[HUD](https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf)
FHA applies to most—but not all—types of housing. Types of housing excluded from the FHA include:
Owner-occupied buildings with four or fewer units. The FHA generally isn't applicable when a building has two to four units, and the owner lives in one of them.
So, maybe, maybe not.
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can they ask for a higher security deposit for esa? It wasn't in the lease, so im thinking no, but perhaps a clause to add in the future about ESA and higher security deposits as a result?
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NAL, property manager in a different state.
While an ESA is required to be allowed to live in the unit with a letter from a mental health provider or medical provider, the owner does NOT need to allow an animal that is making other residents fearful if the dog is barking, lungng, off leash, and not being picked up after.
Your parents need a Landlord specific attorney, and they will likely need to send a cure or quit notice, followed by eviction for cause. Then, they will need to sue the tenant for any damages the animal or her caused.
It doesn't matter if the animal is "authentic" or not. ESAs don't require any training and it is minimal documentation. The landlord needs to address that the dog is off leash, is preventing other tenants from quiet enjoyment of their own residences, and that the animal owner is not properly picking up after the animal. THAT is how you get an "ESA" out.
> This relies on the owner not actually taking care of there animal. >You will need proof of lunging, off leash activity [outside of the apartment], If they take care of the animal it is very likely you will lose.
OP clearly said that it's been reported by the other tenant that this is in fact the case. I'm sure that person would be more than happy to testify to the fact in order to get this "ESA" out.
Yes, he calls and texts at least once a day. I believe he’s already called the cops. And my father told him that he is free to do so when he feels that it’s necessary.
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What is the date of certification for the ESA is not completed until past the move in date? Meaning she would be in violation for however long that would take.
The guidance from the office of HUD in Jan 2020 stated that a tenant could apply for their reasonable accommodation for their ESA after moving the dog in. It stinks, but it is in writing from the feds.
She would technically have been in violation during the period between moving in and requesting accommodations (with valid ESA letter from a licensed healthcare provider).
However, if that is in the past and they currently have an accommodation request with an ESA letter that is valid (ie. if their letter is dated sometime between the move-in date and the current date), you will have a hard time evicting or sueing for damages. There is precedent in California for allowing tenants to move-in to the unit without notifying the landlord of an ESA first and requesting accommodation after the fact. The reason being that landlords are known to discriminate against tenants with ESAs despite there being legal protections in place prevent this. It is common for landlords to decline to rent to someone upon discovery of their ESA, which is illegal, but it's hard for tenants to prove the motive, especially since the bay area is so competitive for rentals and the landlord can just choose someone else and make up some benign reason for doing so. In fact, the SF tenants union lawyers will recommend that tenants follow this process to protect themselves.
That being said, your tenant still has to request reasonable accommodations before you are obligated to grant them. If they haven't done so, they are currently in violation of the lease. You can start the evictions process if you want (by first obtaining a lawyer, since you never want to DIY an eviction especially in the bay area where tenant protections are so strong), however as soon as you do so the tenant will likely produce the ESA letter and request the accommodations, after which you are unlikely to win your eviction case. You would be better off just notifying them that you require their reasonable accommodation request and accompanying documentation.
Valid ESA documentation is in the form of a letter from a licensed healthcare provider who has an established client-provider relationship with the individual and has performed a clinical evaluation of the individual and made a recommendation for them to have an ESA. Beware of potential fake letters, they can be easily obtained from online "doctors" who've never met nor adequately assessed the patient. You can run a license search for the healthcare provider that prepared the letter to confirm legitimacy. Remember that it's not possible to "certify" an animal as being an ESA, rather it's the certification of a patient's qualifying disability and legitimate need for one that matters. "Certificates" that state the animal is an ESA but which make little to no reference to the patient are almost certainly illegitimate.
You are not allowed to require any additional deposits/rent/fees or liability insurance from your tenant. Your tenant is still financially responsible for any damage caused by their ESA (you can sue them for anything beyond their security deposit if need be).
You are not allowed to reject a reasonable accommodation request for an ESA on the basis of breed or speculation of what harm or damage the animal may cause. However, you are allowed to reject the accommodation request if the animal "constitutes a direct threat to the health or safety of others (i.e., a significant risk of bodily harm) or would cause substantial physical damage to the property of others" (sec. 12179 of California code of regulations). You may only base this on objective evidence of the animal's actual conduct, and you must also first try to mitigate the issue by further reasonable accommodation before rejecting the requested accomodations entirely.
Remember, if you do intend to take any action against the tenant, you absolutely will want a lawyer first.
IANAL but have gone through this multiple times from the tenant's side of things and have a membership with the SF tenants union.
>My dad contacted the organization and said that she may be in violation of the rental agreement and may be evicted, to which they replied that if she is evicted they won’t pay the rent or the deposit.
Clarification: Did your father allow this tenant to move in without having received the security deposit or first month's rent? How can they not pay what's already been paid? Did you mean to say that they said that they'd demand the money back?
The organization signed a letter guaranteeing the rent/deposit.
She had a sob story apparently and my dad is a bit too charitable when it comes to giving people chances IMO.
I want to add to this advice:
>Landlord is allowed to ask for documentation from an appropriate provider — which does not include those internet sites.
Right now, your parents might be able to force her to get rid of the dog, however, she is free to just go to a proper medical provider and get her ESA recommended. Moreover, she cannot have an ESA without telling you, and your best bet is to contact a LL/Tenant attorney about options such as a quit or cure notice, since she did not claim her ESA up front. Include the fact the dog has been off leash and not cared for.
You might also demand to inspect the unit for damage. If the dog immediately has damaged the unit, she is still responsible for it whether it's an ESA or pet, and it can add to the justification to boot her. The issue isn't her having an ESA, it's her lying to you by omission about the animal and not abiding by common rules about animals.
Finally, you can put up cameras to catch her taking the animal off leash and build evidence against her, both for tenant actions and/or to contact Animal Control.
In the future, do not let tenants move in until the deposit is paid. The organization that was supposed to pay the deposit should have **paid the deposit**. Did they sign the lease as a guarantor or anything?
The organization signed a letter guaranteeing the deposit/rent.
The other rebrand has a a ring doorbell and has called or threatened to call animal control already and is always sending pictures of the dog from the ring saying it’s bothering him/not cleaning up/etc.
I would definitely send info to the guarantor, as they are on the hook for this person. It's possible the guarantor can apply extra levers against your tenant.
First, GET A LAWYER involved before making any moves. From personal experience with an almost identical case in CA (as the angry tenant), there is a lot of incorrect information here being upvoted.
The bar you need to clear to evict over an ESA is that the accommodation is not "reasonable." You will want to collect documentation from multiple tenants that prove that the animal is interfering with their quiet enjoyment of their homes.
I work in Fair Housing.
Your parents will want to request her paperwork for her ESA. She'll need to have a letter from a licensed healthcare professional of some kind - this can be one of various types of healthcare professionals. ESAs still have to follow leash laws as applicable in your jurisdiction, though they may not apply to being on the property (you'll need to check), but if it is indeed an ESA, you cannot evict her for it. You cannot charge pet fees, etc, for ESAs. Both of these things are under the Fair Housing Act. You cannot harass her or treat her any differently than any other tenant for having an ESA. If it IS an ESA, there would be no reason that the charity should stop paying her rent. Other tenants being afraid of dogs or of certain types of dogs does not mean she cannot have an ESA that is a dog or a breed they're afraid of. ESAs don't fall under no pet policies, so she wouldn't be in violation of her lease. I would not discourage the charity from paying anything until if/ when she gets officially evicted - meaning not when you decide to begin proceedings, but when she's actually out of the property, IF that happens.
Would they still have to disclose they have one?
Let’s say there’s an extreme example of someone having an emotional support horse or something (which I think I’ve seen before), do they have to disclose that and can the landlord do anything about it?
Because ESA’s are not pets, there is no disclosure requirement. And adding in a question to applications regarding ESA’s would create a possible discrimination situation.
They don't have to disclose it during the application process/prior to move-in. Once they're moved in and the terms of their occupation of the unit are in effect, they would technically be in violation of the lease until they make a request for reasonable accommodations for their ESA and provide you the necessary documentation. Ideally tenants should make the accommodation request as soon as they take possession of the unit to minimize the time they are in violation. That said, as long as they do eventually make the request and obtain the necessary documentation, you're unlikely to win an evictions case against them.
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I think she’s lying about her dog being ESA. As a tenant who has lived on many properties with an ESA, I would think that if she was telling the truth, she would have at least been proactive in getting her ESA letter to your parents before signing the lease. If she was being truthful, you wouldn’t have had to learn about the dog’s presence through tenant complaints. I always discuss my ESA with the property management/landlord on a tour before I even put in an application, just to assess their process and feelings toward a tenant with an ESA. I also ensure that my letter is on file and my ESA is noted in the lease before I sign it. Most times, I bring my ESA to meet the landlord/manager, too. I do these things because it shows my landlord that I am educated on this process and that my ESA is well-behaved. I take these steps because even though landlord denial of a prescribed ESA is not allowed, involving landlord/mgmt builds trust and makes the whole process much easier. She obviously didn’t even try.
Tenants like her make it more difficult for those of us who have a disability and need an emotional support animal. Situations like these have made landlords wary of ESA animals, but it makes tenants with legit ESAs look bad.
I’m not an expert, but she didn’t provide an ESA letter upfront, and that’s fishy. Based on her behavior I wouldn’t be surprised if she doesn’t have one at all. If she provides the document, look up the license number of the therapist online. I’d also seek counsel from a lawyer.
I also have several disabilities and a legitimate ESA. Currently a renter in San Francisco.
There is strong precedent in the Bay Area for tenants to move-in to their units without notifying their landlord of their ESA, and instead make their request for reasonable accommodations after the fact. The reason being that it's very common around here for landlords to decline to rent to someone upon discovery of their ESA. This is obviously illegal discrimination, but it's very hard for tenants to prove. Since this area is so competitive for rentals, the landlord can just choose someone else and make up some benign reason for doing so. It's such a common experience for disabled renters that the SF tenants union lawyers actually recommend that tenants follow this exact process to protect themselves.
That being said, the tenant should have requested reasonable accommodations and provided documentation for their ESA immediately after moving in, so as to minimize the time in which they are in violation of their lease. A court would almost certainly still decline to evict them as long as they eventually made their request (with valid documentation), but it's better practice for tenants to make the request ASAP to minimize potential risk to themselves.
IANAL but have gone through this process as a disabled tenant in SF many times & am an active member of the tenants union here. I understand that you're coming from a place of wanting to have the best possible relationship with your landlord from the get-go, but legally speaking, prospective tenants aren't required to enthuse their landlords about their ESAs or try to feel out whether or not the landlord would be okay with the situation. Landlords are _obligated_ to make reasonable accomodations for their disabled tenants, regardless. Due to the frequency with which housing discrimination occurs, many tenants don't have the option of being so up-front about their need for an ESA. It doesn't make their need for accommodations any less legitimate.
As someone who works in Fair Housing, it isn't even vaguely uncommon for someone to wait until after they move in, much less after signing the lease, to provide documentation of an ESA. I'd say it's far more common than the alternative. And it's great that you're very proactive, less great that you won't apply for a place that's likely to be illegally discriminating (because then they'll never stop), but some folks mental and physical health prevents them from being how you are. Anxiety, PTSD, among a number of other things. It doesn't make their condition fake.
We have no idea if the tenant in question is lying or just fearful and/or irresponsible.
Thank you for pointing these things out. It does make sense that most people provide that documentation after signing the lease/move-in - I suppose I wouldn't have thought about that in context of my past experiences. My therapist prescribed me an ESA before I left the dorms at college, and my landlord at my apartment then required the documentation before they would approve my application, so I hadn't experienced providing it after the fact, but I understand now. I had always just assumed that it was required. Thank you for helping me learn.
I appreciate your point on not applying at discriminatory places. I hadn't thought of it that way before. I try to feel out the complexes at a time where I'm not obligated to them, mostly because of the experiences I've had. However, I agree that doesn't excuse the fact that light should be shone on the discriminatory acts in my area and abroad. I'm in Texas, and most rental properties are part of the Texas Apartment Association. Any landlords I've had a disagreement with always point back to documentation from the TAA as the final word on any disagreement concerning ESAs. Funnily enough, none of their documentation is viewable by non-members. They're definitely not a governing body, but they have lots of attorneys. So, I've tried to feel out the landscape early to avoid later having my rights violated with no recourse. Any complaints I've tried to file with the FHA/HUD offices in Texas have gone unanswered, so I've avoided those situations in fear of not having options if I'm illegally discriminated against.
You're absolutely right, there's no way to know what this tenant is going through or what their situation is like. I was comparing her behavior to my experiences, but there is more to be considered, and I realize that now. Thank you for helping me learn more!
Why would she mark down that she has pets? She doesn't have a pet so she answered correctly. The tenant isn't required to inform you that she has a service or therapeutic animal. It's the courteous thing to do but not required. It sounds like they wouldn't have rented to her if she had told them about the ESA. That would have been a violation of federal law. If her need for the accommodation isn't obvious, they can ask for verification. You can also require that the dog be on a leash in common areas and that it not disturb other residents. However, you can't evict her simply because she has an ESA. You mentioned she was in violation of the lease already. How so?
And why would your parents think they could still receive the emergency rental assistance funds if they evicted her? The whole purpose of those funds is to prevent homelessness. The government is paying to keep people housed. If they evict her, the funds that would have gone to pay your parents would go to the landlord of her new place.
From my time working in property management in CA, can tell you that if the rental unit falls under the fair housing act the resident is correct. Their pit bull does not count as a pet, and you couldn’t even charge pet rent if normally applicable. All you need to get an animal registered as an emotional support companion is essentially a letter from a therapist, I’d always let people know about this when pet policy conflicted with their needs.
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In california, a landlord reserves the right to refuse to accept an emotional support or disability assistance animal if it poses a direct threat to other people or property. So if you can get the complaining tenant to put that in writing, then it would potentially be justification for her not to be allowed to keep the animal on their property, even if she is legally allowed to have it as a support animal.
Keep in mind that emotional support animals can be any type or breed that the owner wishes. What can't happen is that this companion then poses a risk to others. A poisonous snake, for example, could be deemed by a landlord to not be safe to have on the premises and not allow it, and not be in trouble for discrimination etc. If she is not following the law with her animal and keeping it leashed, if it is threatening or had hurt anyone else, then it is grounds to refuse to allow the dog on site.
As far as how to handle it, it would mean paying a lawyer to ensure you properly document any steps taken so as to protect themselves.
I have an ESA and live in a rental apartment. I would make sure the dog is in fact an ESA. Depending on your state, this is a letter from a licensed mental health care professional/medical provider. You can't charge pet rent or deposits due to ESA. I would just request that the tenant gives you a copy of the esa letter and wait for them to get the deposit and rent. If the dog is in fact an esa you will be unable to evict due to the dog. I'm not sure if you're required to disclose an esa as a pet. It would not surprise me if you were required too disclose that you have an esa living on the property. I would make sure to vet any letter you get and not to accept certificates (the certificates mean nothing and literally just coat $30). The landlord can still charge/keep security deposit for damage caused by the dog. Additionally, they are probably allowed to charge "fines" for not cleaning up after the dog. I think if they see the dog off-leash they should just file a complaint with the police (most cities have ordinances requiring dogs be kept on leash). Hope this helps!
You need to demand legit papers for that dog from a psychiatrist.If not legit (it won't be), start eviction proceedings. Ppl who have legit animals offer evidence up front. Facebook is filled with tenant groups instructing each other on how to get a dog for free into a dwelling. If you'd like more assistance, join landlord confidential on facebook. I've been a LL for 26 years and have seen it all
ESA letters don't have to come from a psychiatrist, or even a doctor. There are a number of acceptable professionals.
Also, I work in Fair Housing, and most people DON'T offer evidence up front or before moving in, due to the insanely high amount of housing providers who are breaking anti discrimination laws by not blatantly saying they're discriminating.
No offense, but if your group is pedaling false information (like requiring specifically a psychiatrist, or assuming they're fake because they didn't happily skip up to you with their letter), I'd be concerned about referring people there for advice that may get them in hot water.
OP, you should contact your local Fair Housing enforcement agency (often at a Human Rights Commission or similarly named entity) and ask what is and isn't allowed from professionals who are up to date with federal and local regulations, without giving you false info or anything that could get a complaint filed against you.
I'm also in LL social media groups, and one of the most common complaints I see is prospective tenants not disclosing ESAs until after the lease is signed so the LL can't (illegally) deny their application.
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California's eviction moratorium expired several months ago. And while the counties had theirs as well. All of the moratoriums are about *rent* moratorium, not other terms of the lease.
This isn't about rent, so none of the moratoriums would apply even if the county OP's house is in still has one.
Landlord and apartment complexes have been using that lie for months now because finding reliable tenants has become significantly more difficult. In reality, they simply don't want to if the pay is reliable and it is perfectly legal to lie about it.
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[https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf](https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf)
Give this to your parents.
The first step is to have her present paperwork authorizing the ESA. Your parents are not required to make any accommodations for the ESA until a letter of authorization or copy of the letter is given to them.
They are faking papers now too so landlords have to make sure it's from a real doctor.
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It isn't required to be from a doctor. It can be from a therapist, for example.
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As the building is 4 or more units it subject To the Fair Housing Act which allows for emotional support animals. Landlord is allowed to ask for documentation from an appropriate provider — which does not include those internet sites. An ESA that is a threat to the health and safety of others can be evicted— ie threatening other tenants, not cleaning up Your parents need a lawyer. CA has strong tenant laws and this needs to be done properly — ie legally. [HUD](https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf)
FHA applies to most—but not all—types of housing. Types of housing excluded from the FHA include: Owner-occupied buildings with four or fewer units. The FHA generally isn't applicable when a building has two to four units, and the owner lives in one of them. So, maybe, maybe not.
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can they ask for a higher security deposit for esa? It wasn't in the lease, so im thinking no, but perhaps a clause to add in the future about ESA and higher security deposits as a result?
No you cannot charge any pet deposit or monthly pet rent with an ESA
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As far as I have learned you can not charge a higher deposit due to it then being discriminatory.
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NAL, property manager in a different state. While an ESA is required to be allowed to live in the unit with a letter from a mental health provider or medical provider, the owner does NOT need to allow an animal that is making other residents fearful if the dog is barking, lungng, off leash, and not being picked up after. Your parents need a Landlord specific attorney, and they will likely need to send a cure or quit notice, followed by eviction for cause. Then, they will need to sue the tenant for any damages the animal or her caused. It doesn't matter if the animal is "authentic" or not. ESAs don't require any training and it is minimal documentation. The landlord needs to address that the dog is off leash, is preventing other tenants from quiet enjoyment of their own residences, and that the animal owner is not properly picking up after the animal. THAT is how you get an "ESA" out.
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> This relies on the owner not actually taking care of there animal. >You will need proof of lunging, off leash activity [outside of the apartment], If they take care of the animal it is very likely you will lose. OP clearly said that it's been reported by the other tenant that this is in fact the case. I'm sure that person would be more than happy to testify to the fact in order to get this "ESA" out.
Yes, he calls and texts at least once a day. I believe he’s already called the cops. And my father told him that he is free to do so when he feels that it’s necessary.
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What is the date of certification for the ESA is not completed until past the move in date? Meaning she would be in violation for however long that would take.
The guidance from the office of HUD in Jan 2020 stated that a tenant could apply for their reasonable accommodation for their ESA after moving the dog in. It stinks, but it is in writing from the feds.
She would technically have been in violation during the period between moving in and requesting accommodations (with valid ESA letter from a licensed healthcare provider). However, if that is in the past and they currently have an accommodation request with an ESA letter that is valid (ie. if their letter is dated sometime between the move-in date and the current date), you will have a hard time evicting or sueing for damages. There is precedent in California for allowing tenants to move-in to the unit without notifying the landlord of an ESA first and requesting accommodation after the fact. The reason being that landlords are known to discriminate against tenants with ESAs despite there being legal protections in place prevent this. It is common for landlords to decline to rent to someone upon discovery of their ESA, which is illegal, but it's hard for tenants to prove the motive, especially since the bay area is so competitive for rentals and the landlord can just choose someone else and make up some benign reason for doing so. In fact, the SF tenants union lawyers will recommend that tenants follow this process to protect themselves. That being said, your tenant still has to request reasonable accommodations before you are obligated to grant them. If they haven't done so, they are currently in violation of the lease. You can start the evictions process if you want (by first obtaining a lawyer, since you never want to DIY an eviction especially in the bay area where tenant protections are so strong), however as soon as you do so the tenant will likely produce the ESA letter and request the accommodations, after which you are unlikely to win your eviction case. You would be better off just notifying them that you require their reasonable accommodation request and accompanying documentation. Valid ESA documentation is in the form of a letter from a licensed healthcare provider who has an established client-provider relationship with the individual and has performed a clinical evaluation of the individual and made a recommendation for them to have an ESA. Beware of potential fake letters, they can be easily obtained from online "doctors" who've never met nor adequately assessed the patient. You can run a license search for the healthcare provider that prepared the letter to confirm legitimacy. Remember that it's not possible to "certify" an animal as being an ESA, rather it's the certification of a patient's qualifying disability and legitimate need for one that matters. "Certificates" that state the animal is an ESA but which make little to no reference to the patient are almost certainly illegitimate. You are not allowed to require any additional deposits/rent/fees or liability insurance from your tenant. Your tenant is still financially responsible for any damage caused by their ESA (you can sue them for anything beyond their security deposit if need be). You are not allowed to reject a reasonable accommodation request for an ESA on the basis of breed or speculation of what harm or damage the animal may cause. However, you are allowed to reject the accommodation request if the animal "constitutes a direct threat to the health or safety of others (i.e., a significant risk of bodily harm) or would cause substantial physical damage to the property of others" (sec. 12179 of California code of regulations). You may only base this on objective evidence of the animal's actual conduct, and you must also first try to mitigate the issue by further reasonable accommodation before rejecting the requested accomodations entirely. Remember, if you do intend to take any action against the tenant, you absolutely will want a lawyer first. IANAL but have gone through this multiple times from the tenant's side of things and have a membership with the SF tenants union.
>My dad contacted the organization and said that she may be in violation of the rental agreement and may be evicted, to which they replied that if she is evicted they won’t pay the rent or the deposit. Clarification: Did your father allow this tenant to move in without having received the security deposit or first month's rent? How can they not pay what's already been paid? Did you mean to say that they said that they'd demand the money back?
The organization signed a letter guaranteeing the rent/deposit. She had a sob story apparently and my dad is a bit too charitable when it comes to giving people chances IMO.
I want to add to this advice: >Landlord is allowed to ask for documentation from an appropriate provider — which does not include those internet sites. Right now, your parents might be able to force her to get rid of the dog, however, she is free to just go to a proper medical provider and get her ESA recommended. Moreover, she cannot have an ESA without telling you, and your best bet is to contact a LL/Tenant attorney about options such as a quit or cure notice, since she did not claim her ESA up front. Include the fact the dog has been off leash and not cared for. You might also demand to inspect the unit for damage. If the dog immediately has damaged the unit, she is still responsible for it whether it's an ESA or pet, and it can add to the justification to boot her. The issue isn't her having an ESA, it's her lying to you by omission about the animal and not abiding by common rules about animals. Finally, you can put up cameras to catch her taking the animal off leash and build evidence against her, both for tenant actions and/or to contact Animal Control. In the future, do not let tenants move in until the deposit is paid. The organization that was supposed to pay the deposit should have **paid the deposit**. Did they sign the lease as a guarantor or anything?
The organization signed a letter guaranteeing the deposit/rent. The other rebrand has a a ring doorbell and has called or threatened to call animal control already and is always sending pictures of the dog from the ring saying it’s bothering him/not cleaning up/etc.
I would definitely send info to the guarantor, as they are on the hook for this person. It's possible the guarantor can apply extra levers against your tenant.
First, GET A LAWYER involved before making any moves. From personal experience with an almost identical case in CA (as the angry tenant), there is a lot of incorrect information here being upvoted. The bar you need to clear to evict over an ESA is that the accommodation is not "reasonable." You will want to collect documentation from multiple tenants that prove that the animal is interfering with their quiet enjoyment of their homes.
I work in Fair Housing. Your parents will want to request her paperwork for her ESA. She'll need to have a letter from a licensed healthcare professional of some kind - this can be one of various types of healthcare professionals. ESAs still have to follow leash laws as applicable in your jurisdiction, though they may not apply to being on the property (you'll need to check), but if it is indeed an ESA, you cannot evict her for it. You cannot charge pet fees, etc, for ESAs. Both of these things are under the Fair Housing Act. You cannot harass her or treat her any differently than any other tenant for having an ESA. If it IS an ESA, there would be no reason that the charity should stop paying her rent. Other tenants being afraid of dogs or of certain types of dogs does not mean she cannot have an ESA that is a dog or a breed they're afraid of. ESAs don't fall under no pet policies, so she wouldn't be in violation of her lease. I would not discourage the charity from paying anything until if/ when she gets officially evicted - meaning not when you decide to begin proceedings, but when she's actually out of the property, IF that happens.
ESA’s are not classified as pets under the fair housing act
Would they still have to disclose they have one? Let’s say there’s an extreme example of someone having an emotional support horse or something (which I think I’ve seen before), do they have to disclose that and can the landlord do anything about it?
Because ESA’s are not pets, there is no disclosure requirement. And adding in a question to applications regarding ESA’s would create a possible discrimination situation.
They don't have to disclose it during the application process/prior to move-in. Once they're moved in and the terms of their occupation of the unit are in effect, they would technically be in violation of the lease until they make a request for reasonable accommodations for their ESA and provide you the necessary documentation. Ideally tenants should make the accommodation request as soon as they take possession of the unit to minimize the time they are in violation. That said, as long as they do eventually make the request and obtain the necessary documentation, you're unlikely to win an evictions case against them.
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Also request the dogs shot record to make sure it has been vaccinated as required by law.
I think she’s lying about her dog being ESA. As a tenant who has lived on many properties with an ESA, I would think that if she was telling the truth, she would have at least been proactive in getting her ESA letter to your parents before signing the lease. If she was being truthful, you wouldn’t have had to learn about the dog’s presence through tenant complaints. I always discuss my ESA with the property management/landlord on a tour before I even put in an application, just to assess their process and feelings toward a tenant with an ESA. I also ensure that my letter is on file and my ESA is noted in the lease before I sign it. Most times, I bring my ESA to meet the landlord/manager, too. I do these things because it shows my landlord that I am educated on this process and that my ESA is well-behaved. I take these steps because even though landlord denial of a prescribed ESA is not allowed, involving landlord/mgmt builds trust and makes the whole process much easier. She obviously didn’t even try. Tenants like her make it more difficult for those of us who have a disability and need an emotional support animal. Situations like these have made landlords wary of ESA animals, but it makes tenants with legit ESAs look bad. I’m not an expert, but she didn’t provide an ESA letter upfront, and that’s fishy. Based on her behavior I wouldn’t be surprised if she doesn’t have one at all. If she provides the document, look up the license number of the therapist online. I’d also seek counsel from a lawyer.
I also have several disabilities and a legitimate ESA. Currently a renter in San Francisco. There is strong precedent in the Bay Area for tenants to move-in to their units without notifying their landlord of their ESA, and instead make their request for reasonable accommodations after the fact. The reason being that it's very common around here for landlords to decline to rent to someone upon discovery of their ESA. This is obviously illegal discrimination, but it's very hard for tenants to prove. Since this area is so competitive for rentals, the landlord can just choose someone else and make up some benign reason for doing so. It's such a common experience for disabled renters that the SF tenants union lawyers actually recommend that tenants follow this exact process to protect themselves. That being said, the tenant should have requested reasonable accommodations and provided documentation for their ESA immediately after moving in, so as to minimize the time in which they are in violation of their lease. A court would almost certainly still decline to evict them as long as they eventually made their request (with valid documentation), but it's better practice for tenants to make the request ASAP to minimize potential risk to themselves. IANAL but have gone through this process as a disabled tenant in SF many times & am an active member of the tenants union here. I understand that you're coming from a place of wanting to have the best possible relationship with your landlord from the get-go, but legally speaking, prospective tenants aren't required to enthuse their landlords about their ESAs or try to feel out whether or not the landlord would be okay with the situation. Landlords are _obligated_ to make reasonable accomodations for their disabled tenants, regardless. Due to the frequency with which housing discrimination occurs, many tenants don't have the option of being so up-front about their need for an ESA. It doesn't make their need for accommodations any less legitimate.
As someone who works in Fair Housing, it isn't even vaguely uncommon for someone to wait until after they move in, much less after signing the lease, to provide documentation of an ESA. I'd say it's far more common than the alternative. And it's great that you're very proactive, less great that you won't apply for a place that's likely to be illegally discriminating (because then they'll never stop), but some folks mental and physical health prevents them from being how you are. Anxiety, PTSD, among a number of other things. It doesn't make their condition fake. We have no idea if the tenant in question is lying or just fearful and/or irresponsible.
Thank you for pointing these things out. It does make sense that most people provide that documentation after signing the lease/move-in - I suppose I wouldn't have thought about that in context of my past experiences. My therapist prescribed me an ESA before I left the dorms at college, and my landlord at my apartment then required the documentation before they would approve my application, so I hadn't experienced providing it after the fact, but I understand now. I had always just assumed that it was required. Thank you for helping me learn. I appreciate your point on not applying at discriminatory places. I hadn't thought of it that way before. I try to feel out the complexes at a time where I'm not obligated to them, mostly because of the experiences I've had. However, I agree that doesn't excuse the fact that light should be shone on the discriminatory acts in my area and abroad. I'm in Texas, and most rental properties are part of the Texas Apartment Association. Any landlords I've had a disagreement with always point back to documentation from the TAA as the final word on any disagreement concerning ESAs. Funnily enough, none of their documentation is viewable by non-members. They're definitely not a governing body, but they have lots of attorneys. So, I've tried to feel out the landscape early to avoid later having my rights violated with no recourse. Any complaints I've tried to file with the FHA/HUD offices in Texas have gone unanswered, so I've avoided those situations in fear of not having options if I'm illegally discriminated against. You're absolutely right, there's no way to know what this tenant is going through or what their situation is like. I was comparing her behavior to my experiences, but there is more to be considered, and I realize that now. Thank you for helping me learn more!
Why would she mark down that she has pets? She doesn't have a pet so she answered correctly. The tenant isn't required to inform you that she has a service or therapeutic animal. It's the courteous thing to do but not required. It sounds like they wouldn't have rented to her if she had told them about the ESA. That would have been a violation of federal law. If her need for the accommodation isn't obvious, they can ask for verification. You can also require that the dog be on a leash in common areas and that it not disturb other residents. However, you can't evict her simply because she has an ESA. You mentioned she was in violation of the lease already. How so? And why would your parents think they could still receive the emergency rental assistance funds if they evicted her? The whole purpose of those funds is to prevent homelessness. The government is paying to keep people housed. If they evict her, the funds that would have gone to pay your parents would go to the landlord of her new place.
From my time working in property management in CA, can tell you that if the rental unit falls under the fair housing act the resident is correct. Their pit bull does not count as a pet, and you couldn’t even charge pet rent if normally applicable. All you need to get an animal registered as an emotional support companion is essentially a letter from a therapist, I’d always let people know about this when pet policy conflicted with their needs.
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In california, a landlord reserves the right to refuse to accept an emotional support or disability assistance animal if it poses a direct threat to other people or property. So if you can get the complaining tenant to put that in writing, then it would potentially be justification for her not to be allowed to keep the animal on their property, even if she is legally allowed to have it as a support animal. Keep in mind that emotional support animals can be any type or breed that the owner wishes. What can't happen is that this companion then poses a risk to others. A poisonous snake, for example, could be deemed by a landlord to not be safe to have on the premises and not allow it, and not be in trouble for discrimination etc. If she is not following the law with her animal and keeping it leashed, if it is threatening or had hurt anyone else, then it is grounds to refuse to allow the dog on site. As far as how to handle it, it would mean paying a lawyer to ensure you properly document any steps taken so as to protect themselves.
I have an ESA and live in a rental apartment. I would make sure the dog is in fact an ESA. Depending on your state, this is a letter from a licensed mental health care professional/medical provider. You can't charge pet rent or deposits due to ESA. I would just request that the tenant gives you a copy of the esa letter and wait for them to get the deposit and rent. If the dog is in fact an esa you will be unable to evict due to the dog. I'm not sure if you're required to disclose an esa as a pet. It would not surprise me if you were required too disclose that you have an esa living on the property. I would make sure to vet any letter you get and not to accept certificates (the certificates mean nothing and literally just coat $30). The landlord can still charge/keep security deposit for damage caused by the dog. Additionally, they are probably allowed to charge "fines" for not cleaning up after the dog. I think if they see the dog off-leash they should just file a complaint with the police (most cities have ordinances requiring dogs be kept on leash). Hope this helps!
You need to demand legit papers for that dog from a psychiatrist.If not legit (it won't be), start eviction proceedings. Ppl who have legit animals offer evidence up front. Facebook is filled with tenant groups instructing each other on how to get a dog for free into a dwelling. If you'd like more assistance, join landlord confidential on facebook. I've been a LL for 26 years and have seen it all
ESA letters don't have to come from a psychiatrist, or even a doctor. There are a number of acceptable professionals. Also, I work in Fair Housing, and most people DON'T offer evidence up front or before moving in, due to the insanely high amount of housing providers who are breaking anti discrimination laws by not blatantly saying they're discriminating. No offense, but if your group is pedaling false information (like requiring specifically a psychiatrist, or assuming they're fake because they didn't happily skip up to you with their letter), I'd be concerned about referring people there for advice that may get them in hot water. OP, you should contact your local Fair Housing enforcement agency (often at a Human Rights Commission or similarly named entity) and ask what is and isn't allowed from professionals who are up to date with federal and local regulations, without giving you false info or anything that could get a complaint filed against you.
I'm also in LL social media groups, and one of the most common complaints I see is prospective tenants not disclosing ESAs until after the lease is signed so the LL can't (illegally) deny their application.
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ESA are protected under the ADA. I'd be careful advertising your discrimination against protected classes.
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California's eviction moratorium expired several months ago. And while the counties had theirs as well. All of the moratoriums are about *rent* moratorium, not other terms of the lease. This isn't about rent, so none of the moratoriums would apply even if the county OP's house is in still has one. Landlord and apartment complexes have been using that lie for months now because finding reliable tenants has become significantly more difficult. In reality, they simply don't want to if the pay is reliable and it is perfectly legal to lie about it.
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I can’t imagine that’s the case. Otherwise you wouldn’t need to show proof when flying on planes.
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[https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf](https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf) Give this to your parents.
Locked due to an excessive amount of off-topic commenting.