Your ESA Questions Answered - Episode 32

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Episode 32 - Your ESA Questions Answered
This video is in response to comments from a previous episode of Fair Housing Insiders.
What Does the Fair Housing Act Say About Emotional Support Animals? - Episode 15.
• What Does the Fair Hou...
With the overwhelming response to this episode, we are taking the time to answer your questions on this sometimes controversial and often-debated subject.
Key Questions/Topics Covered:
00:00 - Intro
01:59 - Whose opinion matters?
03:25 - How do you handle guests who bring animals on-site?
06:13 - Should you disclose information on an ESA to another resident?
08:11 - Can a housing provider limit the number of ESAs a resident can have?
10:14 - Can a reasonable accommodation request be put into motion and verified before the applicant moving in?
11:51 - Does the requirement for the health care provider having personal knowledge of the tenant and their disability apply only to verification of the need for support animals?
18:12 - Can a landlord deny an ESA for not being hypoallergenic?
21:50 - If you have two equally qualified applicants and one has a support animal, and one doesn't, can you choose the one without an animal without being considered discriminatory?
20:30 - What is needed for a housing provider to consider an ESA?
22:00 - Is it a problem to wait to disclose your need for an ESA until after being approved as a resident?
Thank you for watching. For more tips and information, please visit:
www.fairhousinginstitute.com/
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Опубликовано:

27 июл 2024

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Комментарии : 25

@kzayak 3 месяца назад

I have been in the industry for years and listening to you explain why I do what I do everyday is AMAZING!!!! I just say it’s because of fair housing and the federal law but kathi makes it all make sense!!! Thank you guys!

@lindacline4403 2 года назад

These webinars are very helpful. Thank you!

@TheFairHousingInstitute 2 года назад

You're very welcome!

@danphilcox1088 Год назад

We have an emotional support animal that our landlord has known about for a year and a half just renewed our lease, got into an argument with the landlord about tiki torches then sent us a legal notice giving us 30 days to get rid of our 12 pound dachshund esa or face eviction.

@TheFairHousingInstitute Год назад

So sorry to hear that you're dealing with this situation. Much would depend on whether or not you have requested and the landlord has processed a reasonable accommodation. We would recommend consulting an attorney to help you with this situation.

@sonnettespann6168 Год назад

i was trying to get a esa for my dogs the therapy had me answering questions like i was tying down on her couch i rolled my heart out to her about my case after an hour after talking to her she denied me ???

@vle6268 2 года назад

Does the letter has to specify how the personal knowledge of the disability comes about? I got the answer about 2/3 the way in the video. Are there good forms for reasonable accommodation available that we can use? Thanks for the videos - I got many ideas and questions answered. Nevertheless still have more questions, it’s a complicated process.

@TheFairHousingInstitute Год назад

Hello V Le! Thanks for watching and for the feedback. If you're interested in acquiring RA forms, we recommend forms authored by a fair housing attorney: fairhousingfirm.com/product-category/reasonable-accommodation/ Please keep watching and keep the questions coming!

@vle6268 2 года назад

Landlords often need to do due diligence like asking for pet registration and rabies vaccination records . Is that allowed under Fair Housing laws?

@lanehayes5472 2 года назад

Are landlords allowed to ask your doctor to fill out specific forms and you privy to what is on these forms being disclosed to the landlord?

@TheFairHousingInstitute Год назад

Hi Lane! Thanks for watching. Although our episodes focus on property management and their requirements, we know that the information contained can also benefit residents. This episode may help answer your question: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-S2fCe74neRY.html We hope you keep watching and keep the questions coming!

@rebeccacoons09 2 года назад

What is the best course of action where a resident/tenant has an approved accommodation for an assistance animal with regard to roommate notification? This would primarily apply in student housing communities where rooms are leased individually. If roommate A is approved for an assistance animal, is it allowed for the housing provider to inform potential roommates that there is an animal approved for that apartment, or does that inadvertently disclose someone's disability status?

@TheFairHousingInstitute Год назад

Hello Rebecca. Thanks for watching! That's a great question, and it was actually the very first question in our "Your Fair Housing Questions - Answered!" episode here: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-MlJidLBX_Zo.html Thanks for submitting a great question and keep on watching!

@m4nny26 Год назад

I had a question regarding multiple aquarium tanks ,can a landlord really not accept all my fish tanks for emotional support as they calm my anxiety and depression and keep me busy with aquarium maintenance as I don't work because I am a disabled person

@TheFairHousingInstitute Год назад

Hello MANNYB. Thanks for watching! Although our episodes focus on property management and their requirements, we know that the information contained can also benefit residents. This information on the HUD website may give you insight into what a landlord is required to do if someone requests an accommodation: www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications Please keep watching and keep the question coming!

@aleknielsen2403 Год назад

The third party does not have to be a professional for verifications like these, though landlords will often make it seem that way, it is really just any third party that'd be in a position to know about your disability. Its probably best to seek a professional but the personal knowledge bit is the key while the idea that it should be a professional or medical provider or whatever is just not in the law

@TheFairHousingInstitute Год назад

Thanks for watching Alek!

@terrysmith5200 2 года назад

Is ESA considered the same as an Assistance Animal ?

@rebeccacoons09 2 года назад

Under the Fair Housing Act, both ESAs and Service Animals are classified together as Assistance Animals with regard to reasonable accommodations. This is different from the ADA which covers public access areas and only protects task trained service animals.

@kathydickerson5902 Год назад

In Episode 15, you made it clear that an ESA is not a pet. But, in this episode, you talked about tenants avoiding pet fees. Is it okay for a landlord to charge the non-refundable pet fee for each ESA? Can I charge a higher fee if the animal is larger or of a breed that I normally don't allow?

@TheFairHousingInstitute Год назад

Hello Kathy. Thanks for watching! And that is a great question. The guidance from HUD which was released in January of 2020 says: "Pet rules do not apply to service animals and support animals. Thus, housing providers may not limit the breed or size of a dog used as a service animal or support animal just because of the size or breed but can, as noted, limit based on specific issues with the animal’s conduct because it poses a direct threat or a fundamental alteration. • A housing provider may not charge a deposit, fee, or surcharge for an assistance animal. A housing provider, however, may charge a tenant for damage an assistance animal causes if it is the provider’s usual practice to charge for damage caused by tenants (or deduct it from the standard security deposits imposed on all tenants). You can learn more about this notice on assistance animals and even read the full release from HUD in this blog article: fairhousinginstitute.com/assistance-animals-hud-notice/ We hope you keep watching and keep the questions coming!

@TheFairHousingInstitute Год назад

Thanks for the great question Kathy. Your question is answered in one of our upcoming episodes, so make sure you're subscribed to our channel!

@jimmyday9536 Год назад

So what happens if the ESA animal infests the entire apartment building with fleas, who pays? What if another tenant moves out because he is afraid of the 80 lb pit bull "ESA", can landlord sue for damages? What if the pit bull attacks another tenant or a child, can the owner of the animal be sued? These are bad laws from start to finish.

@TheFairHousingInstitute Год назад

Hello Jimmy! We know what a sensitive topic this is for many. We offer fair housing training for property management and unfortunately answering your questions would constitute legal advice, which we cannot give. You should speak to your attorney to get your questions answered. Thanks for watching!

@dangeroreilly2028 5 месяцев назад

I'm not quite clear on the advice though. Isn't it true that the same law that says it's illegal to deny a "service animal" also says it's illegal to claim an animal is a "service animal" if it isn't? An assistance animal isn't the same as a service animal; so to claim an ESA is a service animal is false. And, you didn't bring it up, but was something involving George's situation. I'll assume George is truly emotionally disabled, and that he has a legitimate LMHP. Have you ever come across an LMHP that said the disabled party must have 3 cats? As a LL, I'd be terribly suspect of such a letter. Other people may need one ESA, but George needs 3? If that was true, and one of George's cats ran away, would he be EXPECTED to get a replacement because he needs a third cat to properly support his emotional disability? I've had potential tenants ask if I accept pets. I say no. Then they tell me they have a note from the family doctor. A note from a GP doesn't magically turn a pet into a service animal or an ESA. When they ask that way, I know it doesn't qualify or they wouldn't say "pet".