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BaroquenLarynx t1_iqwovuw wrote

ESA Registration of America says landlords are well within their rights to ask for proof that your animal is an ESA. However, they are not entitled to ask for more than an ESA Letter, which comes from a medical professional.

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blurubi04 t1_iqwsjjh wrote

This is the closest answer. While there are differences between Service Animals and Emotional Support Animals, if the landlord has a no pet or pet deposit policy, you have to have the paperwork. Period. With the paperwork, the landlord has to allow the animal and can’t change a fee or deposit. Also keep in mind that you are responsible for the animal and any damage it does.
Plus in Springfield you have to comply with Pit Bull regulations and vaccines.

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EdBlake1986 OP t1_iqwqtsr wrote

But ESA animals are NOT the same as Service Animals covered under the ADA correct?

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Low_Tourist t1_iqws587 wrote

Last time I checked, which was pre Covid, ESA was not protected under the same statutes as an actual service animal

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Low_Tourist t1_iqwsjql wrote

On pg 7 of the PDF someone else posted -

support do not qualify as service animals under the ADA.

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Low_Tourist t1_iqwspdk wrote

support do not qualify as service animals under the ADA.

ETA: Reddit's shitting the bed for me today. FMFL

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JaredUmm t1_iqwrwnb wrote

You are correct. If the need for a service animal is not obvious, they can ask if the animal is required due to a disability and what task the animal is trained to perform. The answer to these questions will reveal if it is a “service animal” or a support animal. If it is a support animal they can ask for the doctor’s note that indicates you need a support animal, if it is a service animal trained to perform a specific task, no further documentation is needed.

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blurubi04 t1_iqxz06p wrote

Yes. ESA’s are not the same as SA’s. I am trying to help, but can’t figure out what you are trying to accomplish. If your landlord or potential landlord doesn’t allow pets or charges a pet deposit… you are allowed by law to have a ESA or a SA. There’s paperwork from your medical provider or therapist that states you need a ESA or A SA. It’s not complicated, it very simple. For the life of me, I can’t locate the problem. BTW I’m very well versed in ADA (1990. & 2010), am an advocate, been on the disabled side of lawsuits, build accessible housing. If you are being honest about your need….there’s no barrier to your accommodation. If you are not, ESA is the way to go. Any Joe can claim to be your therapist and write you a note that you have some obscure ailment.

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EdBlake1986 OP t1_iqxzgvc wrote

I'm not the pet owner, I'm the landlord trying not to get sued.

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blurubi04 t1_iqy1ago wrote

Sweet, gotcha. If you have fewer than 5 properties, you are basically in the clear. If you have 5 or more, Fair Housing, ADA, DOJ OCR, etc come into play. There’s simple one page form letters that are extremely easy to get for Emotional Support Animals. This is what you will see 95% of the time, some legit, some not. Tenants know it’s an easy way around no pets/ pets deposits. You can’t charge a deposit or ban the animal. Service Animals are treated the same I.e. fair housing, but are a much more stringent program. “Real” Service Animal have very extensive and often expensive training to do specific tasks for the disabled person. No one with a “Real” service animal would have a need to try to buffalo you about it.

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Status-Ad-9729 t1_ir31c96 wrote

An Esa is not the same as a service animal.. there is 2 questions someone can ask..

Q7. What questions can a covered entity's employees ask to determine if a dog is a service animal?

A. In situations where it is not obvious that the dog is a service animal, staff may ask only two specific questions: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform? Staff are not allowed to request any documentation for the dog, require that the dog demonstrate its task, or inquire about the nature of the person's disability.

Q17. Does the ADA require that service animals be certified as service animals?

A. No.  Covered entities may not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.

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.

Here ya go from the ADA themselves

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