I had three clients in three states (one near the Pacific Ocean, one in the Midwest, and one in the middle Atlantic) all reach out to me with a variation of the same question concerning service and/or companion animals: what happens if the resident is not disabled but still seeks an emotional support animal? Does management have to approve that request?
The fact pattern typically comes up when a resident or an applicant submits a reasonable accommodation request. And that accommodation request is verified by someone who writes that John Resident or Ann Applicant “would benefit from” an emotional support animal. The verification does not state that John or Ann is “disabled” and there is nothing that would otherwise make management aware that John or Ann has a disability.
In such a circumstance, management does not have to approve the emotional support animal. The whole point of service or emotional support animals is to assist our disabled residents so they can obtain the full benefits of their housing. If you do not have a disability, you do not qualify for an emotional support animal.
To be sure, I am not writing that you cannot necessarily have an animal. Indeed, our industry is turning more pet friendly these days and many properties welcome pets. And yes, we welcome your pet rent and pet fees.
Now, when I see a verification such as I have described above, my response will typically note that while we cannot approve your request at this time based on the information provided, we will, of course, review any supplemental information a resident may wish to provide.
Although I continue to see an explosion of purported medical verifications come via the internet (in which someone pays $69.99 or even more if you want a rush), please know that there is absolutely no requirement in the law that Rover or Fluffy be on some national animal registry or receive a fancy certificate. Those websites are just money makers for the people who collect the credit card payments.
Bottom line: if you are legitimately disabled and need a service or emotional support animal, have your treating medical professional write a note confirming you are disabled and there is a need (or nexus) for your animal. That’s all. Many management companies have a form you can use. But if you are just trying to game the system and get a verification over the internet in an effort to avoid pet rent or pet fees, don’t be surprised if management pushes back. Make sense?
Just A Thought.