Property Management Charging for a VISITING emotional support dog

[Helpmeee]

What is the name of your state? What is the name of your state? What is the name of your state? FLORIDA

Hi my boyfriend rents a place and I come see him very often, I have an emotional support animal and also have the doctors letter to confirm that my dog is an emotional support animal. the property manager where he lives decided that to charge him a pet fee of $250 even though I'm not on the lease just because I visit his place and bring my dog. She told him he could get evicted due to the dog coming over because on his lease it says pets are not allowed unless you pay a pet fee, the manager said that was the law. He emailed and asked her if she was going to return the pet fee since the lease will be over the end of this month and she clearly said no that the pet deposit will not be refunded. Another issue is that they Also an additional $300 security deposit which the property manager told him that most likely he won't get if they have to paint the place, the apartment is in excellent condition but I read the apartment reviews online that management like to keep people's security deposits because it's only $300 people don't fight it, but from what I understand normal wear and tear is not a reason to lose your deposit. I don't know where to report these people but they are abusing the law.

 

[adjusterjack]

I come see him very often, I have an emotional support animal and also have the doctors letter to confirm that my dog is an emotional support animal.

Your doctor's letter means nothing if the dog damages the property. That you see your boyfriend "very often" makes the property vulnerable to dog damage.

the property manager where he lives decided that to charge him a pet fee of $250 even though I'm not on the lease just because I visit his place and bring my dog.

Nothing wrong with that.

She told him he could get evicted due to the dog coming over because on his lease it says pets are not allowed unless you pay a pet fee

That's true. He could get evicted. Having a dog on the premises when the lease says no pets without the pet fee is breach of the lease. Apparently your dog was on the premises often enough to be brought to the attention of management.

the manager said that was the law.

The law of contracts, not statutes. Your boyfriend signed a contract with a pet limitation. He's bound by it.

He emailed and asked her if she was going to return the pet fee since the lease will be over the end of this month and she clearly said no that the pet deposit will not be refunded.

Is it a fee or deposit? What is the exact wording in the lease. Fees are not refundable, deposits are.

Another issue is that they Also an additional $300 security deposit which the property manager told him that most likely he won't get if they have to paint the place, the apartment is in excellent condition but I read the apartment reviews online that management like to keep people's security deposits because it's only $300 people don't fight it, but from what I understand normal wear and tear is not a reason to lose your deposit. I don't know where to report these people but they are abusing the law.

First of all, this is your boyfriend's problem, not yours. Second, there is no government agency that is going to do anything about this. If the deposit is wrongly withheld your boyfriend's option is to sue the landlord in small claims court and prove that it was wrongly withheld.

 

[Helpmeee]

the dog has not damaged the property, the dog belongs to me and from what i read an emotional support dog is no considered a pet

 

[Gail in Georgia]

The problem is, you are not on the lease and from the landlords point of view you are simply a friend showing up very frequently with a dog.

And, unfortunately the fact you believe the boyfriends rental unit is in excellent condition means nothing legally since, again, you are not on the lease. If you want to help him get his security deposit back one suggestion is when he gets close to moving assist by 1. making sure the unit is very clean (pay particular attention to the oven, top of the range and the refrigerator if supplied by management) and 2. take plenty of pictures to document that the unit was left without damage and was very clean. That way if his security deposit is kept and he wishes to continue this in Small Claims court he will have evidence to dispute managements claims of damages at move out.

And yes, many tenants may not feel that arguing over $300 is worth it legally. This may be why some landlords keep security deposits so low.

Gail

 

[reenzz]

You only have the right to a reasonable accommodation in your own residence...not the residence of others. Your ESA dog is not a service animal and is not afforded the same rights as a service animal.

 

[adjusterjack]

an emotional support dog is no considered a pet

Your boyfriend is welcome to make that argument in court.

By the way, what is wrong with you that you need an emotional support animal?

And what, exactly, does your dog do to help that condition?

 

[Helpmeee]

Your boyfriend is welcome to make that argument in court.

By the way, what is wrong with you that you need an emotional support animal?

And what, exactly, does your dog do to help that condition?

im not here to share my health issues with you? why would you ask me that? that is not your business!

 

[Helpmeee]

https://www.animallaw.info/article/faqs-emotional-support-animals
An emotional support animal is a type of assistance animal that is recognized as a "reasonable accommodation" for a person with a disability under the federal Fair Housing Act (FHAct, 42 U.S.C.A. 3601 et seq.). The assistance animal is not a pet according to the U.S. Department of Housing and Urban Development (HUD). HUD is the agency that oversees the FHAct and investigates claims of housing discrimination.

 

[Helpmeee]

The problem is, you are not on the lease and from the landlords point of view you are simply a friend showing up very frequently with a dog.

And, unfortunately the fact you believe the boyfriends rental unit is in excellent condition means nothing legally since, again, you are not on the lease. If you want to help him get his security deposit back one suggestion is when he gets close to moving assist by 1. making sure the unit is very clean (pay particular attention to the oven, top of the range and the refrigerator if supplied by management) and 2. take plenty of pictures to document that the unit was left without damage and was very clean. That way if his security deposit is kept and he wishes to continue this in Small Claims court he will have evidence to dispute managements claims of damages at move out.

And yes, many tenants may not feel that arguing over $300 is worth it legally. This may be why some landlords keep security deposits so low.

Gail

i am a visitor with an 6lb emotional support animal which by law is NOT considered a pet so even if i am at his place frequently that should not matter, we will take video of the place wen he moves and i will contact the fair housing dept tomorrow about this, will come back and tell you guys what they say.

 

[reenzz]

You missing the point. You are afforded a reasonable accommodation in some place....not all place. You are NOT a tenant and therefore not entitled to the accommodation law. You persistence either get your BF evicted or a non-lease renewal.

 

[quincy]

Here is Florida's statute on emotional support animals:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0413/Sections/0413.08.html
Your understanding of the law is not quite right.

 

[adjusterjack]

im not here to share my health issues with you? why would you ask me that? that is not your business!

Sure it is. You opened that door when you claimed your dog was not a pet. Too many people use the emotional service animal as a scam. And many convince their doctors to write the letter. If you're not willing to defend yours I can only conclude that's what you are doing.

The assistance animal is not a pet

But your assistance animal is a dog. Dogs do damage. They leave hair and urine behind that's almost impossible to remedy.

we will take video of the place wen he moves

Make sure he hires a professional carpet cleaning company with the big machine that cleans and steams the carpet.

 

[DeenaCA]

You only have the right to a reasonable accommodation in your own residence...not the residence of others. Your ESA dog is not a service animal and is not afforded the same rights as a service animal.

These statements are both incorrect, at least in the context of housing.

First, under the federal Fair Housing Act it is unlawful:

To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of--
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person

In this case discrimination would consist of charging a pet deposit and pet fee, because an emotional support animal ("assistance animal") is not a pet. (However, the tenant would be responsible for any damages caused by the animal.) Here's an informative article from the L.A. Times discussing the subject. Excerpt:

Under the federal Fair Housing Act, you are required to allow a tenant’s visitor to bring a service animal into the rental unit as a reasonable accommodation for the visitor’s disability, assuming all other requirements of the act are met

Second, an assistance animal/emotional support animal IS the equivalent of a service animal in housing. ESAs are not considered service animals under the Americans with Disabilities Act, which applies to public places like the mall but does not apply to housing. HUD addressed this issue in Notice FHEO 2013-01:

For example, the housing provider may ask persons who are seeking a reasonable accommodation for an assistance animal that provides emotional support to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.

OP, I recommend that you follow through with that fair housing complaint. You can file one here. You might also contact a local disability advocacy group for assistance.

 

[PayrollHRGuy]

@DeenaCA

The OP is not the tenant.

 

[Zigner]

@DeenaCA

The OP is not the tenant.

Look at item C above:

To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of--
...
(C) any person associated with that person


EDIT:
Of course, it comes back to what the OP's need for the support animal is, which s/he doesn't deign to tell us.