My last post, Service Animals/Emotional Support Animals - What you ought to Know, discussed the truth that, in case you have rental properties, you should know the laws on service and emotional support animals. We covered rules laid out by the ADA, but you can find 2 agencies that induce regulation regarding these animals:

The Americans with Disabilities Act (ADA)
The Fair Housing Act (FHA)

Here we shall discuss the additional laws laid out by the FHA. Note that ADA covers commercial areas where FHA covers residential. Also, ADA will not cover emotional support animals but FHA does.

ESA Letter for traveling - protects renters from landlord discrimination. It prohibits discrimination of home sales, rentals, and financing based on race, color, national origin, religion, sex, familial status or people that have disabilities.

Fair Housing Amendments Act (FHAA) of 1988:

Assistance Animal - an animal that works, provides assistance, or performs tasks for the advantage of a person with a disability or provides emotional support that alleviates a number of symptoms or ramifications of a person's disability
an assistance animal does not have to be individually trained or certified
once an assistance animal is approved, the landlord is not permitted to charge any associated pet fees or deposits
a landlord isn't permitted to place weight or breed restrictions on an assistance animal

What can you need:

the chance or resident must have a disability within the meaning of the Fair Housing Act
there should be a disability-related dependence on the animal

Permissible questions:

Is the disability apparent or known?
Is the disability-related need for the animal apparent or known?
If both the disability and the disability-related need for the animal are apparent and know, you might not ask any further questions and you'll not require any extra verification or documentation.
If the disability is not apparent or known, you may request reliable documentation of the disability and the disability-related dependence on the assistance animal.

For emotional support animals, you might request documentation from the 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.

You might deny an accommodation request when:

it would cause undue financial hardship on the property

it could create an administrative burden on the property
the specific animal would be a direct threat to the house or would cause substantial physical harm to the property
if there is insufficient verification once the disability is non-apparent

The prospect/tenant can make a request from you because of their animal in just about any manner including something as simple as writing their request on a sticky note. There is absolutely no formal request form and you can't require they use one that you create.

Your next step is to ask that written verification be provided by the doctor or medical provider. Again, it does not must be on a particular form. You must accept verification from a reliable alternative party that confirms the applicant includes a disability within this is of the Fair Housing Act and confirms that there surely is a disability-related need for the animal.

Without sufficient verification, you may deny the applicant. And - beware - there are many online sites that provide certifications without requiring any verification of a disability.

The way the ADA and FHAA are different:

The ADA pertains to areas of public accommodation. It does not apply to regions of the property not open to everyone. (i.e. Service animals should be allowed into the leasing office.)
The FHAA pertains to the complete property. (Qualified service and emotional support animals should be allowed to reside in your rental property.)

The majority of your concern as a landlord will likely be regarding regulations laid out by the FHAA.

Wow, there is a lot in those 2 posts. What's been your experience with service animals?