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i currently live with several other roommates in a house for the last year. I’ve recently felt that having an emotional support animal for my well being and also for diabetes alert purposes would be advantageous. If I am able to get a therapist approval for a certified dog, is my landlord required to allow this dog even if my roommates do not want the dog?
We all signed a rental lease for 3 years and at the time of signing, we did not have any pets. The lease I signed states ” unless otherwise provided in CA civil code 54.2, pets not allowed”
A couple of my roommates say they are fearful of dogs, so they do not want a dog in the house. What are my rights in this situation?
Look for another place to live. Don’t try to force your dog on your roomates. That is unfair to them.
Just my opinion, but it seems disrespectful to your roommates to get a dog against their wishes. It would also put them at risk if the landlord objected. Many people like me are allergic to dogs. In my experience, dog owners do not walk or exercise them enough. They become inured to the smell of dogs that other people find offensive. If you are not respectful of your roomies, you should move.
Offensive. such a funny term to use. You do know what it means, right?
If you’re emotionally hurt and take it personal that there’s a “smelly dog” you may need some therapy too LMAO…
I get what you mean, but honestly x’D this makes me chuckle.
It’s not fair to discriminate a disabled person either, but yeah… if they hate dogs and u need your dog i’d find new roomies.
U til you realize the CLEAR difference in a PET and a ESA and/or Service Dog/Animal then you so t realize both the verbiage that applies to you and those that do not. #LegaleseLoopholes
We are trying to get ESA letter for our fish tanks for our anxiety. While there isn’t any weight restrictions for dogs, is there a gallon limit for fish? Our apartment is trying to make us get rid of our tanks or put our fish in 25 gallon tanks and our fish are too big. Wondering if the letter will help our situation because the foundation of the building is concrete and they’re more concerned about water spilling than the floor caving in.
My apartment has a 2animal limit and i have a letter from mental esa letter saying i need it for anxiety, ptsd and im on disability for the same problems and my apartment is saying i have to get rid of one of my other animals to get the esa animal is this illegal i live in ga
Not sure if you already have this resolved but an ESA is not considered a pet and thus can not count towards that limit, by law
Does anyone know the law if your living in a apartment that a program (ywca) leases the the apartment from the owner,that also helps pay a portion of your rent if I would still be able to have my emotional support dog,I have a letter and I’m disabled due to severe depression.The ywca program helps woman transition into their leased housing for which they pay part of rent. I live in a five family apartment in which the owner does NOT reside on the property.
I am in Schenectady ny.and I’m disabled do to depression.I recently got a pup and I’ve got a letter to have her as emotional support dog,my question is the apartment I live in is leased by a organization (ywca) from the owner of that 5 dwelling home from which landlord does not reside.Due to this apartment and ywca(they help woman after DV to transition after leaving the DV shelter) can the ywca that pays partial rent deni me? I’ve been without her (dog) for over 4 months and my depression is getting bad from not having her….I need help!!!
The landlord agent is refusing to accept three of my animals that are my ESA animals what do I do
I have an ESA I am going to move into a house and they said no pets. I haven’t told them about my ESA and I am afraid to because I am afraid they will deny us. If I don’t tell them about My ESA and they find out and try to evict can they if it’s an ESA? I don’t want to tell them because then they won’t let me rent the house.
Landloard won’t accept 3 of your animals? Do you need an emotional support zoo? You are one of the people abusing the benefit that so many of us really need. It will be people like you that cause the rules to be changed. Landlords are just trying to protect their investment. Animals “can” cause tremendous damage to a property. The more animals, the more risk. Be reasonable!
I also have 3 ESA’s. The 11 deaths in my immediate family and life that I’ve dealt with in a 20 month period of time is not your business, but my ESA dogs give me a reason to get out of bed and live through another day. They are MY REASON for continuing forward. Your sarcastic “zoo” comment is not appreciated. You have no idea what some people are going through, or need. 1 of my ESAs got cancer AFTER the 11th death and had to have his front leg amputated because the cancer was recurring. Another hard pill to swallow & kick in the stomach. Please, be kind to others.
You have no right to judge what someone needs or doesn’t need.
The ESAs could be shared between the family.
Having more than one could provide extra comfort, i know for me that’s the case.
Something about that pack/society thing, and all the different personalities…idk. its just a wider effect.
Plus each animal may serve a different purpose. One may be for anxiety while another for seizures or ptsd etc
ESA or Service. Especially with service it makes sense because its a lot harder to train 1 animal to do dozens of things than it is dozens of animals 1 thing. (ok u wont need that many but you feel me) and most whom have 1 issue tend to have another or two. if the entire purpose of owning those animals is ESA like mine, then no. it is NOT abusing it and there is NO LAW saying a limit.
I have a letter from my doctor for an ESA. I rent – the board says “no pets for renters”. They said they know what the fair housing act says but the answer is still “no”. He told me the call from the board president is a courtesy call & if I asked for their response in writing or pursued the issue anymore – I would be responsible for their legal fees. Also – I recently found out that there are other renters who have dogs. Are they discriminating? What would be my next step?
I agree,who needs 3 animals in a apartment in the first place? It is absolutely people like you,taking advantage of the situation that landlords deny people with a pet or emotional support dog. Be grateful not greedy!!
I have 2 ESA’s one is almost 15 and the other one is around 4. I got the younger one to help me through the passing of the older one when the time comes. She’s also smaller so it’s easier for me to travel with her and if she gets injured I can actually carry her. It is possible and not totally unreasonable to have multiple ESA’s if they all serve a different purpose or are at different stages in their lives.
That’s is unfair for someone to say that you don’t need emotional zoo. Do not allow someone to discriminate are timid you for their ignorance and lack of knowledge of what you need. The true ignorance is the one who is texting the message to you. I had three emotional service animal but they did serve purposes and needs. One was not capable to do the other necessary things that I needed to support my depression and anxiety. No one has a right to tell you that you’re destroying the system they’re destroying the system by talking about nothing that they have no right did you determine what you need. they do not know your circumstances and it’s absolutely ludicrous get off their backs and mind your own business. the devil always out there trying to hurt someone who’s already having a hard time.
That’s a true and false statement. I have a 3 yr.old pit bull 1 yr.old cat which my 11 year old son rescued she was 3 months at the time. And we have a 2 yr old cat who is a yr and half . We got him at 4months. They have not damaged clawed anything . It’s all in the training.
I totally agree with you, Richard.
Unless you are that person’s doctor or mental health professional, you have no business making judgments regarding how many ESAs they have. Mind your business.
Pet owners like yourself ruin it for everyone else! I understand one animal but 3? Give me a break, I bet you don’t have the need for one of them statistically.
I have been trying to find housing for me and my medically trained seizure alert sefvice dog. But eveyone is deniing me even with paperwork. What can i do?
You are not obligated to tell anyone about your service dog/ pets. After you sign you’re lease have your dr write a letter stating that you need your service dog. You don’t have to disclose what disabilities you may have…
If you have proper legal certification stating that it is your seizure alert service dog they cannot deny you by law…Contact the ADA and get them involved. People that deny you can face stiff penalties
My landlord just stopped by an seen my dogs I told him via text I have an esa letter he told me they only allow service dogs that have been specially trained
Can he kick me out
Hello,
A “Service Animal” is trained to perform a task that helps you overcome a disability. That training can be from a professional trainer or even from you.
An ESA (Emotional Support Animal) does not need to be trained. However; when requesting a reasonable accommodation for an Emotional Support Animal, it is within the landlord’s rights to request a letter from a licensed medical professional stating that the animal is actually an ESA. To help alleviate any additional issues, I recommend asking your ESA Medical Professional to ensure that your ESA letter is on their company letterhead and includes their license number (Not Drivers License. Medical/Therapist license number). This needs to be by someone who is or has treated you. (This type of letter is not required for Service Animals, only ESA.)
If you still get pushback from your landlord, I recommend referring him/her to the local housing authority if they are unaware of this requirement. If that does not work and they still provide issues, I would recommend seeking legal counsel.
*From my personal perspective, I recommend communicating with your landlord and directing the landlord to the local housing authority before contacting legal counsel, our world is already full of too many sue happy people and just as you posed a question on a board for guidance, sometimes a landlord is also unaware of the laws/guidelines, sharing the knowledge openly is Nobel and it’s what we would all want if we were on the other side of the dispute. It would be really great if everyone was made aware of what rights and guidelines they are mandated by but it’s just not the case.
Mine just did the same thing
No. You can train your own service dog and as long as they provide a service to you they can not ask for any documentation beyond your word. They can not even ask what tasks they provide. All they can ask is if they are indeed a service dog. Law!!!
Actually according to the ADA, people can ask two questions, one of which you listed as asking if the animal is indeed a service animal, but, they very much can and have every right to ask that second question, what task does the dog perform for you. They cannot, however, ask you or demand for a demonstration, and this is only for service animals. I am a guide dog handler who also has an ESA, so I am very familiar with these laws. In regards to an ESA, you do need a letter from a therapist or psychologist/psychiatrist that states that you need an ESA as part of your treatment plan, and you’re right, they can’t ask about your disability. The service dog question allowance for the second question, which tasks are performed by the dog, is different in that, although you must answer this question, you can do it in a way that will inform the asker as to a certain task, but service animal handlers are more likely going to have to disclose at least a small bit of info about their disability. ESA handlers do not have to disclose any part of their disability, because the support those animals provide is more for emotional issues that are not outwardly obvious, unless your therapist/psychiatrist has put such information in your letter; you can ask them to keep the letter vague but inform them of only needed information. You do have to tell them a task for service dogs, which as I said, will disclose at least the legally required info about the use of the service animal, like guidework, seizure or diabetic alert, assistance dog for wheelchair or others with limited mobility. Whomever worded the law as such was apparrently not thinking that this question could violate a person’s rights to the nondisclosure of a disability by asking the question. I hate that we as service dog handlers have to answer that second question, because this does allow them to get an idea of our disability, but, if we are going to use a trained service animal, we have to accept the law as it is and answer that second question, even though we don’t like to because of it disclosing info. This information can be found at
https://www.ada.gov/regs2010/service_animal_qa.html
I don’t like it either, but it is what it is unfortunately on that point.
Not true at all. As far as associations such as HOA or COA, legally can request certification in the case of a service anima, or an ESA letter from a doctor stating that the animal is required for a specific need.
Yes, definitely not true. You can ask what service the dog provides. Also, the letter from the therapist must be in the same state as you live. (or have recently moved from) This is a new change that has happened because of the online companies that send the letters out that are fake. The sad thing is this is ruining the process for those that TRULY need ESA and didn’t pay $69 for certification so they can get away with not paying for their pet.
no he cant
Move into a place and start paying rent and change utilities power to my name if they don’t want to rent to me because I’m Section 8 and tell me they’ve rented it but in fact they have not? What may happen if I move in they just move in 10 Utilities in my name and send them a check I give them a check
I filled out application for HUD and wrote my diagnosis and that I have a bird and puppy, the housing took a 200$ pet deposit and I paid rent in full,,,a month and half later I get a letter telling me only my bird is on application but not puppy that I have to get rid of puppy asap,can they legally do this if I have a ESA letter written after I get the notice! I cannot choose these are my babies all I have
Nope, if your therapist wrote both animals on the letter and they accepted it, they are going against the ADA. I would draft up a letter and consult a lawyer, most lawyers will do a free consultation for free.
I tried to rent a place in Hales Corners wi..I told the lady a have a emotional support dog..she straight out said I don’t want no dogs here ..she said she don’t want to hear a dog barking..I told her I have paperwork to prove and she straight out said no and hung up on me
I live in a bldg for over 31 yrs with my 2 cats that are my ESA. However, the landlord is desperately trying to get me evicted due to my cats! If you walk into my home you wouldn’t even know I have cats until they emerge!
Now I have San A/C unit that needs repair and there’s “BLACK MOLD” in my bathroom walls!
On the lease icons ago stated “no pets”. They knew then, and now I had 2 cats. They took the ESA letter, but they always give me a hard time to get service in my 1 bedroom apartment.
I live alone with my 2 cats and I’m a diabetic and I have COPD and emphysema which the “BLACK MOLD” doesn’t help.
What can I do?
You are absolutely correct. The potential landlord, even one with a “no pets” policy, does not have to be informed of your service animal(s)/ESA animal(s) until just before the lease is signed (when it’s too late for them to deny you without exhibiting discrimination after having been given knowledge of the existence of a service animal/ESA animal), OR just AFTER the lease is signed, at which time you can present your ESA physician-signed letter to the landlord stating you have the animal(s). If at that point they then try to void the lease because of the service animal/ESA animal, you can then sue them. Find a reputable attorney with landlord-tenant law experience or better yet, find an attorney who specializes in fair housing law. There are many “landlords” out there who are literally ignorant of the law as it relates to Fair Housing Law and they are asking for it if they deny you equal access to housing because of your service animal(s)/ESA animal(s).
My therapist wrote me a letter my landlord is giving one day to have dog out. What should I do
The landlord can’t do that I’m going through the same thing
If the dog has shots current & letter from dr as to why you need tje dog. You should register the dog & buy the jacket & get the ids. I no longer have an issue with my Service Dog since I got the ID & jacket. I rarely leave the house but to go to drs but was harassed so terribly at Walmart by a TPD officer, he set off my PTSD & I had to leave the store & go home, I haven’t been back until yesterday because my guy had his jacket on. I called the ADA & they told me if it happened again to report the person to TPD & then to the ADA because they are governed by the DOJ, which I did not know! Keep your letter on you& take a picture of it with your phone. My original one was stolen out of my purse but I had taken a picture of it.
They can’t do that. I am suing right now because of similar actions and my dog is still with me
File a complaint on each place you’re denied.
Providing you meet the necessary terms of the rental as others would, especially if you don’t tell them up front. If you don’t tell the landlord until you are approved and being asked to sign the lease and suddenly your apartment is back on the rental list…file. DFEH or HUD. It’s becoming
The condo association where I live has a rule for all animals over 1 years old. They have to be spayed or neutered. My ESA was accepted by the board but they’re saying that moving in is contingent upon me getting the procedure done. Do I have to get my ESA neutered?
You dont legally have to tell them you have a service dog until after you sign a lease
Exactly. That rules out the possibility of them denying you for “another reason” so if you don’t tell them until AFTER the lease if signed or at signing (turn a recorder on) and they retaliate or don’t want to sign it anymore, you have your case and the defense has no argument. You just won yourself a lot of money cause they want to have big heads and violate federal law that they think they’re above.
You are just being dishonest by telling them and most will either find a way to get rid of you legally or just not renew your lease and charge you for any damage that has occurred. The majority of pet owners do not take care of their pets and damage property. Unfortunate but true. The bad pet owners ruin it for the new one.
Hire a lawyer On contingency and sue the CRAP out of them. But a house with that money 🙂 they can’t win that lawsuit. They’re in direct violation of the ADA and fair housing act. That’s federal law. These people won’t learn until we make them.
Just how much money do you think is appropriate for denying an application? Most lawyers aren’t willing to take these nickel and dime cases. It’s a waste of their time when they can sue for big bucks on other types of cases. So many people are using fraudulent letters they’ve gotten off the internet.
Get a lawyer contact HUD
I already have 2 dogs.we recently bought a townhouse and found out that there was more to the hoa than we thought.we didnt know that they could tell u how many pets u could own or tell u what u. an or cant do on your property.thanks goodness u can have 2 pets or we would have walked away from this place.nobody disclosed all the truth about the hoa ampng other things.if they had we wouldnt be buying this place.i need a letter for my 2 dogs just in case because it states in the hoa bylaws that if your pets become a nuisance such as barking to mich etc.they can make u get rid of them and there is no way I’m doing that.wanna have my bases covered because I dont know what I would do without paisley and molly.my pcp is treating me for depression and anxiety.had been for a while.ive had major depression since I was a kid and my dogs help a lot with it.
Would a townhouse count as a single family accommodation??
I applied for a rental and informed owner of my ESA. He does allow pets but said he has a 35lb weight limit and therefore would not rent to me. What good is a letter stating I need my ESA if I can stll be denied? Federal housing act states it is illegal to deny me but im getting denied still!
I am a landlord and I can explain from my point of view. I actually live out of income from my two apartments and to start with, some insurance companies do not accept pets in the unit or they charge a lot more for the insurance, A tenant brings a new puppy and the puppy needs training and accidents happened. Who pays for the cost of replacing the carpets or laminate floor, which is my case? I understand your point of view, but do you understand mine or are you prepared to pay for the damage? Do you think it is fair to the homeowner, that you damage the place and walk out of it? Ownership of an animal, comes with responsibility. If your dog barks and annoys all neighbors, do you think it is fair to others to have to live like this because of your dogs? People have rights as well as you do. A lot of people are just taking advantage of this loophole. If you move to a place that has the restriction, you knew it in advance. There are many other places that do not have the restriction why insist on one that have them in place?
@Maria
“Do you think it is fair to the homeowner, that you damage the place and walk out of it? “- of course not, that’s what security deposits, screening previous landlords, and requiring renters insurance is for.
“Ownership of an animal, comes with responsibility. If your dog barks and annoys all neighbors, do you think it is fair to others to have to live like this because of your dogs?” – again, screen former landlords to see if they have had bad animals. I cannot think of one of 6 different units I’ve lived in where I’ve heard other dogs bark or people on the street making noise. I’ve had homeless people sleeping in the quadplex backyard and it was not “their responsibility” to fix the situation or put in security cameras, even when these “visitors” started fires.
“People have rights as well as you do… If you move to a place that has the restriction, you knew it in advance.” – Sure, some of this knew this in advance but are still people with disabilities that have lasted for years, but did not know in advance that their disability would quickly, quickly get worse and they would need to look into alternative accommodations after trying other means to manage a condition for years. So yes, people have rights. We are not talking about the rights of an animal, but the person with the disability that needs to be treated.
I have given my manager 9 esa letters over 2 1/2 months… i get no response. What do i do?
I agree….we just had a family with a “well behaved large dog” (Shepherd mix , over 100 lbs , who barked 24/7 and destroyed the yard and violated the neighborhood rules on not letting your dog loose to take a dump on other’s property and not pick it up ) and 3 undisclosed cats vacate our rental property and the kids, the parents , the dog and the cats have destroyed the place. It was rented furnished and we have to replace EVERYTHING…. furniture that was 2 months old when they got there is in tatters due to the cats, dog and kids , cushions ripped apart, door clawed beyond repair, wallpaper ripped off the wall , every lamp in the place broken , 2 wall clocks broken , windows and screens broken … you get the picture … plus they were filthy on top of it. The likelihood of being reimbursed for this is laughable …it was a winter rental so they weren’t even there a full year but it is a nightmare that we won’t repeat ..
We got duped by them and it won’t happen again because we’ll be looking for one animal-less person , with great references from prior landlords , with a hefty security deposit . Too bad if this offends people but you are not “owed” an opportunity to destroy my property. It’s people like this that make landlords take a hard line …
I am currently in a single family apartment unit and I have proper documentation from my doc. And a HUD certificate staying my animal is used in my daily life as an ESA.
All the office said was to get a letter .. NOW they don’t recognize that and they adding more and more fees. On my bill and push papers through my door.
I need help!
They can’t be a nuisance or disbehaved. If they are service animals they should be properly trained…
ESA are there to be emotional supports. My ESAs are ESAs because they are too neurotic to be service dogs. I have PTSD, bipolar, generalized anxiety disorder, and my chihuahuas are the two things that bring me comfort. They get me out of bed. So when I leave my family to go live in a apartment, should my 16 year old chihuahua or my 6 year old chihuahua go to the pound because they aren’t used to apartment life and make a bit too much noise when I am not home? ESAs aren’t held to the same standards as service dogs, there just has to be a therapeutic use for them in a paitents everyday life.
What about others? Ther are other living in the complex do their rights matter or just yours?
Just my 2 cents. This is why we have so many homeless pets. Over the years more and more landlords refuse pets. I understand to some degree but charge an extra security fee in case of damage or some other agreement. It is a serious problem across the country if not the world. But there’s been factual studies showing a difference in children that have pets, many positive attributes, even for adults. (Bare in mind that these are families who treat pets well). Now so many have to move because of the economy or other reasons and they have to leave their pets… because shelters always say there’s a fee for surrendering your pet, but most people don’t know that a lot of them won’t make you pay it if you can’t so people leave and have no other options. Sad state of affairs…
I should be getting an apartment and my ESA doggy soon. Best wishes to all of you struggling out there!
I live in public housing. I was forced to get rid of my ESD. Less then 24hrs later, I was found unresponsive on my dining room floor. I had notes from everyone my landlord asked for, now after 2yrs of having him, it was an issues for my landlord and I was forced to get rid of him. It was the hardest thing I have ever had to do. Wish I had seen this before hand..
Get a letter from your PCP stating that you have anxiety (depression), have him sign on his letterhead and have him put on his license #. Also their signature and date. Legally, that should be enough.