Can A Landlord Deny My ESA Letter Just Because It Was Obtained Online?

[califirl]

I am a person suffering from a disability and recently obtained an ESA letter from a licensed (licensed in CA and Colorado) healthcare professional (psychologist) to help me with my emotional disability. This ESA letter was issued to me only after I completed a telemedicine/online medical questionnaire and explained my medical condition and limitations to the psychologist. After I obtained the ESA letter, I adopted a dog, informed my apartment management complex about my ESA dog and submitted the ESA letter to them. The dog I adopted is not a breed that the management restricts and is of average size. However, they then requested that I submit an "Application for a Service Animal Form." At this point, I thought this was strange as the ESA letter issued by a licensed psychologist should be more than sufficient and there should be no "application" for a right that I am given but they insisted that I submit the form so I went ahead and sent it to them. They then sent me a letter informing me that my ESA request has been denied and sent me a bill for a $500 pet deposit and an additional $50 per month pet fee. In their letter, the apartment management stated that they don't accept any ESA letters that have been obtained online/through use of telemedicine and instead require a personal meeting with the treating healthcare provider. I explained to them that this letter was issued by a licensed psychologist who evaluated my mental health but they did not care. They further send (via their law firm) a letter directly to my psychologist (without my prior consent or knowledge) in which they attempted to intimidate him and diminish my mental health condition. Is there any basis for denying an ESA letter just because it was obtained online? This does not seem right as you can't dictate a person how to see a doctor.

 

[justalayman]

What state are you located in?

And what symptom or effect of your disability does this animal alleviate

 

[xylene]

Landlords (and other public accommodations) aggressively pushing back on ESAs is a current hot legal trend.

Bluntly, obtaining recommendation from a local healthcare provider is going to be a cheaper than fighting their rejection of a doctor located in another state, even if they are duly licensed in your state.

 

[PayrollHRGuy]

I just read this as someone trying to get out of a pet deposit and a monthly pet fee.

 

[adjusterjack]

I just read this as someone trying to get out of a pet deposit and a monthly pet fee.

Me, too.

Mail order ESA certifications are as much a scam as mail order ordained ministers.

 

[justalayman]

I just read this as someone trying to get out of a pet deposit and a monthly pet fee.

I tend to agree without more explanation. Op seems to believe a non-descript letter without defining the benefit of the animal is an all pass that allows animals.

While there need be no special training of the animal, it still must provide a definable benefit. The animal must alleviate a symptom or effect of the person’s disability.

 

[Shadowbunny]

This is a particular peeve of mine. I work with Soldiers/Veterans who have a legitimate need for a therapy dog; people who try to get around the rules because they want to fly with their pet peacock or not pay a deposit really chaps my hide.

 

[Taxing Matters]

I understand that people really love their pets, but those pet owners who try to pass off their pets as support animals to get around pet restrictions in stores, restaurants, apartments, etc., do a very big disservice to people with disabilities who have legitimate support animals. There are enough pet owners using faked documentation to try pass off their pets as service animals that landlords and business owners are becoming quite skeptical and pushing back.

 

[califirl]

Thanks for all the replies! I am located in CA. The psychologist who evaluated me and issued the letter also is located in CA. Still, they denied his letter. The apartment management company also sent my psychologist a dubious letter in an attempt to intimidate him. It is obvious to me that they are trying to fight every request so that they can get as much money out of all tenants as possible. It is ridiculous to dictate people whether to see a doctor in person or via telemedicine, especially since the doctor will just ask me the exact same questions at the office. Thanks again!

 

[califirl]

And I am not trying to get around any restrictions...just don't see why I should be charged extra rent and deposit for something that is medically indicated.

 

[califirl]

I would like to file an HUD complaint against my landlord but the HUD just informed me that all my personal information, including my name, descriptions of my disability will be public information after I file the complaint. That obviously concerns me as this is a huge invasion of privacy. Does anyone by any chance know anything about this? Can really anyone go ahead and obtain those HUD filings and read about my disability? I would be very concerned if this was true. I don't want any future employers or anyone else to know about these private aspects of my life. Thanks again! Any advice is much appreciated.

 

[adjusterjack]

And I am not trying to get around any restrictions...just don't see why I should be charged extra rent and deposit for something that is medically indicated.

"Medically" indicated?

You wrote that you have a disability that's being treated by a psychologist. A psychologist is not a Medical Doctor (MD).

What is it about your "service animal" that is "medically" indicated? What has your dog been trained to do with regard to your disability, other than just making you feel good?

If feeling good was the only criteria then all pets would be ESAs (dogs, cats, birds, hamsters, goldfish, iguanas, etc).

 

[DeenaCA]

It's important to keep in mind that there are differences in the laws governing service animals in "public accommodations" (grocery store, bus, movie theater) and service/assistance animals in housing. The "crackdown" that's been in the news lately is on the public accommodations kind. Service and assistance animals in housing fall under the reasonable accommodations requirements of the Fair Housing Act. Here's a HUD notice explaining the difference. Excerpt:

Assistance animals perform many disability-related functions, including but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support. For purposes of reasonable accommodation requests, neither the FHAct nor Section 504 requires an assistance animal to be individually trained or certified.

I don't know of any fair housing cases involving online certifications for assistance animals. I'd recommend that you contact a disability advocacy group in your area for help in obtaining documentation from a local professional. Your housing provider may require proof that you are a person with a disability and that there is a disability-related need for the assistance animal.

Regarding HUD fair housing complaints, if you read some online you'll see that the identities of the complainants are hidden. You can file a complaint with FHEO here.

 

[xylene]

Honestly I would like to see the law simply changed to allow only reasonable fees for any animal, thus eliminating the need for any charade.

Service dogs have bladders.
Service dogs have carpet mistakes.

 

[justalayman]

Honestly I would like to see the law simply changed to allow only reasonable fees for any animal, thus eliminating the need for any charade.

Service dogs have bladders.
Service dogs have carpet mistakes.

Owners of dogs are still liable for damages assistance animals cause