Episode 112: The ABCs of ESAs with Returning Guest Krista Reuther
Summary
In the United States, there are three types of “animals” that a tenant can have: a pet, a service animal, and an emotional support animal. But each one is defined differently, each one may or may not have additional rent, a damage deposit, or require verification as a tenant applies for one of your units. Additionally, a landlord may have some questions about what “reasonable accommodation” regarding that animal. Where do we start? Krista Reuther returns to My Life As A Landlord, to help us figure out the ABCs of ESAs.
This episode includes resources for Fair Housing and HUD’s Guidance for Animals including:
US Dept of Justice Civil Rights Division about Service Animals: Service Animals | ADA.gov
Guidance on Documenting an Individual’s Need for Assistance Animals in Housing https://seabreezecms.com/wp-content/uploads/2023/01/EMS-Animal-HUD-Guide.pdf
Fact Sheet on Housing and Urban Development’s Assistance Animals Notice AsstAnimalsGuidFS1-24-20.pdf
Listen to full episode :
This Week’s Blog Post:
Unpacking the World of Emotional Support Animals
Hello, everyone! I'm Doctor Jen, and welcome back to "My Life as a Landlord." Today, we dive into a topic that intersects closely with real estate and tenant rights—the world of Emotional Support Animals (ESAs). I'm thrilled to have Krista Reuther back on the show. She previously shared invaluable insights in episode 93, and she's here again to help us navigate the complexities of ESAs, service animals, and pets in the context of rental properties.
Defining Service Animals, ESAs, and Pets
One of the first things we tackled was distinguishing between service animals, ESAs, and regular pets. Krista explained that pets are essentially animals without a specific job—they're the beloved freeloading companions in our homes. Service animals, typically dogs or even miniature ponies, have specific training to assist with disabilities. These can range from guiding the blind to predicting seizures. Importantly, landlords cannot charge fees for service animals due to their essential role in assisting people with disabilities.
The Role and Rights of ESAs
Emotional support animals, while not requiring specific training, play a critical role in supporting mental health. Like service animals, ESAs are protected under disability rights, meaning landlords cannot levy additional charges for them. This protection emphasizes the recognition of mental health as equally important as physical health in the context of support animals.
Navigating Landlord Challenges with ESAs
Krista and I discussed the challenges landlords face, particularly when tenants introduce an ESA after signing a lease. Landlords must tread carefully, balancing the need to respect tenant rights with ensuring that all animals on the property are declared and documented appropriately. It's crucial for landlords to understand their rights to request documentation for ESAs, though they must handle such requests sensitively to avoid discrimination claims.
Legal Considerations and Landlord Strategies
We delved into how landlords can legally inquire about and handle ESAs and service animals. Krista emphasized the importance of consistent policies that apply to all tenants to avoid potential legal issues. For instance, landlords can ask if a tenant has animals and whether they are pets, ESAs, or service animals. This information helps landlords prepare appropriately and maintain compliance with housing laws.
As we wrapped up, Krista reminded us that understanding and navigating the rules surrounding ESAs and service animals is key to being an effective and fair landlord. By staying informed and empathetic, landlords can ensure they meet the needs of all tenants while upholding their property standards and legal obligations. Join us next time as we continue to explore pressing issues at the intersection of real estate and landlord responsibilities.