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jaydub1001 t1_iqwdtsl wrote

Demand? No, but there would be consequences.

I currently work for a property management company. If you have pets we charge a fee (pet rent) and require a deposit. If you have a service animal or ESA, we require proof so we don't charge you. You don't HAVE to show papers, but if you don't have them, you're going to pay the deposit and pet rent.

The law is that landlords need to admit ESAs with papers. They don't need to accept any animal that isn't papered.

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Renn_1996 t1_iqwtv0b wrote

There is no official registration for Esa or service animals. Really scary that an employee of a property management Co doesn't know that.

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jaydub1001 t1_iqx1nwj wrote

Official like a state ESA registration? No, but documents can be produced.

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Renn_1996 t1_iqx2ncv wrote

You mentioned a registration in your comment. That leads people to think that it does exist. There is a difference between documentation and registration and they are not interchangeable. I was providing clarification to your, at a glance, missinforming comment.

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jaydub1001 t1_iqx37o7 wrote

My original comment didn't mention registration, only papers. You mentioned registration and I replied that there isn't registration but documents can be produced. Only ESAs need documentation. I don't know how it leads people to think otherwise unless that person is you and in which case you've been corrected.

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Renn_1996 t1_iqx3rne wrote

"The law is that landlords need to admit ESAs and registered animals with papers. They don't need to accept any animal that isn't papered."

Direct quote from you babes "registered animals with papers" leads people to belive there is infact a registration and that's how you go about getting documentation. Documentation for ESA comes from a Dr or other medical professional, not a registration.

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Status-Ad-9729 t1_ir33dy0 wrote

There is no documentation for service animals. Only physician letters for ESA.. Esa and service animals are not the same

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JaredUmm t1_iqwso3f wrote

You are incorrect. If you ask a blind person for any sort of documentation that their dog is a service animal when the need for the service animal is readily apparent, you are at risk of HUD fines.

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jaydub1001 t1_iqwtkvs wrote

We make no assumptions about a person's disability and if a person says they have a dog, we charge a fee. If they say they have a service animal, we ask for documents. That's not illegal.

Edit: did some digging. We can't demand to know what the service animal does if it's apparent. We never ask what the disability is but they usually provide that info themselves to go along with the service animal info.

ESAs require documentation by a therapist.

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JaredUmm t1_iqwu8vm wrote

It actually is. Not criminally, no, but it is in violation of HUD. A blind person has a right to train a dog themselves. They do not need to comply with your request for some sort of documentation they do not have. If you were nice about the whole thing and complied when they escalated the issue, you may not see any punishment. But if you insisted on your policy, you would be fined if HUD got wind of it.

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[deleted] t1_iqwy3w0 wrote

[deleted]

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JaredUmm t1_iqwyl5q wrote

No, all housing except for owner-managed if the owner has less than 4 units.

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[deleted] t1_iqx0bxi wrote

[deleted]

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JaredUmm t1_iqx2p76 wrote

https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf

This is probably the fullest, most up-to-date resource on this subject. It may not answer all your questions, but we are dealing with questions of how HUD understands their objective to punish discrimination, so the the statute doesn’t say “ thou shalt not request documentation from blind people.” It says “don’t discriminate based on disability” and HUD and judges have created guidelines to detail what that means in practice.

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Always_0421 t1_iqx3zr6 wrote

I thought this part was interesting:

Performing “work or tasks” means that the dog is trained to take a specific action when needed to assist the person with a disability.

o If the individual identifies at least one action the dog is trained to take which is helpful to the disability other than emotional support, the dog should be considered a service animal and permitted in housing, including public and common use areas. Housing providers should not make further inquiries.

o If no specific work or task is identified, the dog should not be considered a service animal but may be another type of animal for which a reasonable accommodation may be required. Emotional support, comfort, well-being, and companionship are not a specific work or task for purposes of analysis under the ADA.

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Status-Ad-9729 t1_ir331px wrote

And if you do so you can be sued. There is no registry for service animals.

Q35. Do apartments, mobile home parks, and other residential properties have to comply with the ADA?

A. The ADA applies to housing programs administered by state and local governments, such as public housing authorities, and by places of public accommodation, such as public and private universities.  In addition, the Fair Housing Act applies to virtually all types of housing, both public and privately-owned, including housing covered by the ADA.  Under the Fair Housing Act, housing providers are obligated to permit, as a reasonable accommodation, the use of animals that work, provide assistance, or perform tasks that benefit persons with a disabilities, or provide emotional support to alleviate a symptom or effect of a disability.  For information about these Fair Housing Act requirements see HUD’s Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-funded Programs.

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EdBlake1986 OP t1_iqwe3uo wrote

ESAs are different than legit Service animals though right and fall under the ADA and thus different laws right?

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jaydub1001 t1_iqwetea wrote

I'm unsure if ADA covers ESAs, but they do include regular service animals. Either way, the company I work for accepts ESA with papers.

If OP is just trying to claim their cat as an ESA without papers, they are in the wrong and if they have papers, they should just show them to the landlord.

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