The Fair Housing Act which has included the protection of service animals since 1988, is becoming an issue for student housing complexes that do not allow animals aside from service animals.
Due to the growing number of websites which boast Emotional Support Animal certification, the distinction between which pets are there to aid and which are there simply to be pets is becoming blurred.
In order to ascertain that the animal in question is an ESA, the housing property is permitted to ask two questions. Furthermore, the property is allowed to require paperwork supporting this claim and proving that the animal is such.
- Does the tenant who is bringing or has the animal have a disability? And if so, does this disability limit them from one or more everyday activities?
- Does the animal provide support for the individual that allows them to complete their everyday activities as such?
Answering no to any of these questions would provide the complex with grounds to refuse the “service animal” in their facility.
Additionally, under the Fair Housing Act, the individual seeking to bring the ESA or service animal must provide documentation by a health care professional.
This documentation is what is creating the issue. Websites promising to certify one’s pet requiring nothing more than a quiz or one-time payment are diluting the importance these ESA’s have.
To assure the service animal’s requested by your tenants are legitimate, here are a few ways to check.
- Require a health care professionals note.
- Google the office and read reviews. Take the time to check. An untrained animal can cause A LOT of damage
- Have the guarantor be linked on all emails regarding the service animal.
- If a parent is not informed that their child has a disability and requires a service animal of any type, expect a phone call.
- Have a list of websites that provide faulty certification available to all future tenants and explain that notes from these sites will not be supported.
12 States have already created laws which punish those who use faulty credentials regarding their pets. The maximum sentence as of now is in California where misrepresenting a service animal has a maximum penalty of $1000 and six months in jail.
The Fair Housing Act supports tenants but it also supports properties. If your future tenant is adhering to the law, then there is no reason for them to hesitate when asked for the supporting documents.