ESA deposit for a renter with a certified, documented(by a Dr) animal

[jo jones]

Jurisdiction

Florida

I have read the Federal law regard Emotional Service Animals and landlords. It clearly states that ESA and Service dogs, certified and documented by a Dr., as mine is, that additional rent and/or a separate pet deposit cannot be charged? Yet, when I call a realtor on a property, they dont seem to know the law and insist on a pet deposit. Is this legal and who can I call to report them?

 

[army judge]

I have read the Federal law regard Emotional Service Animals and landlords. It clearly states that ESA and Service dogs, certified and documented by a Dr., as mine is, that additional rent and/or a separate pet deposit cannot be charged? Yet, when I call a realtor on a property, they dont seem to know the law and insist on a pet deposit. Is this legal and who can I call to report them?

If you've READ the alleged law, your reading should have disclosed how an aggrieved party goes about seeking redress.

A landlord doesn't have to rent to anyone because the person wishes to lease a specific premise.

There are many ways people can derive the outcome they seek without breaking a law.

A denial to rent to Ruby Renttomeorelse, doesn't mean the denial was illegal.

Florida Laws on Service Dogs and Emotional Support Animals | A Condo Law Firm For Consumers


Please read the following commentary:

The ADA defines a service animal as a dog that is individually trained to perform tasks or do work for the benefit of a person with a disability. ... Under the ADA and Florida law, owners of public accommodations are not required to allow emotional support animals, only service animals (including psychiatric service dogs).

 

[Tax Counsel]

Please read the following commentary:

The ADA defines a service animal as a dog that is individually trained to perform tasks or do work for the benefit of a person with a disability. ... Under the ADA and Florida law, owners of public accommodations are not required to allow emotional support animals, only service animals (including psychiatric service dogs).

That's true, but just to avoid possible confusion for others reading this thread, the ADA is not what applies when it comes to housing situations like renting an apartment. (Housing is distinct from what constitutes a place of public accommodation in the ADA.) Instead, it is the Fair Housing Act (FHA) that applies (and where federal funds are involved, Section 504 of the Rehabilitation Act of 1973). Those provisions require accommodation of an "assistance animal", the definition of which is broader than the ADA definition of a "service animal." A U.S. Department of Housing and Urban Development (HUD) assistance animal memorandum issued 5 years ago and still in force today explains the distinction between the ADA and FHA/§ 504 and the limits on what landlords, etc., may do when faced with a claim of a need for an assistance animal. HUD is the federal agency that enforces the FHA. I see the confusion between the ADA and the FHA arise a lot with landlords, and unfortunately too many do not understand that it is the FHA that they need to comply with when it comes to their tenants. On the other hand, the ADA may apply to parts of a property that do qualify as places of public accommodation (like the leasing office, for example). It's unfortunate that the two laws are not consistent in this area, but it is what it is and landlords need to know their duties under both.

 

[zddoodah]

when I call a realtor on a property, they dont seem to know the law and insist on a pet deposit. Is this legal

Is what legal?

You already wrote that some federal law you didn't cite makes it illegal to charge a "pet deposit" for "ESA and Service dogs." Assuming you're right about this law, haven't you answered your own question?

who can I call to report them?

You can report anything you like to anyone you want.

It would be helpful if you cite the federal law that you are talking about.

 

[Tax Counsel]

It would be helpful if you cite the federal law that you are talking about.

The law is the Fair Housing Act (FHA), specifically FHA § 804(f)(3)(B) which makes it illegal to discriminate against disabled persons in housing by "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling". Thus, it violates the FHA for a landlord to discriminate against a disabled renter who needs an assistance animal by refusing to modify no pet policies or to charge extra for the assistance animal. The FHA explains that in the guidance I linked earlier, in which it states at the end of Section I on page 4:

"A request for a reasonable accommodation may not be unreasonably denied, or conditioned on payment of a fee or deposit or other terms and conditions applied to applicants or residents with pets, and a response may not be unreasonably delayed. Persons with disabilities who believe a request for a reasonable accommodation has been improperly denied may file a complaint with HUD." (Bolding added.)

 

[army judge]

The law is the Fair Housing Act (FHA), specifically FHA § 804(f)(3)(B) which makes it illegal to discriminate against disabled persons in housing by "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling".

Sigh....

As with many of our laws EXEMPTIONS exist in CERTAIN circumstances:

(b)Nothing in section 804 of this title (other than subsection (c)) shall apply to--

(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or

(2)rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(c)For the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if--
(1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or
(2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

(3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.


See your own cite:

Fair Housing Act


This is why COMPLEX legal matters are best discussed with an attorney [practicing law in the jurisdiction where the issue exists.

We can buy instant coffee, instant tea, but there is no instant resolution to legal matters.

 

[Tax Counsel]

Sigh....

As with many of our laws EXEMPTIONS exist in CERTAIN circumstances:

True, there are exemptions, and perhaps this landlord falls into the exemptions you cited. The OP has not provided us facts to determine that conclusively one way or another, though. Either way, the applicable law here is the FHA. Unless an exemption applies, the landlord is obligated to abide by the rules that apply to assistance animals. But you're right in implying that the OP needs to check out if exemptions might apply here before running off insisting that the landlord has to waive the pet deposit.

 

[army judge]

True, there are exemptions, and perhaps this landlord falls into the exemptions you cited. The OP has not provided us facts to determine that conclusively one way or another, though. Either way, the applicable law here is the FHA. Unless an exemption applies, the landlord is obligated to abide by the rules that apply to assistance animals. But you're right in implying that the OP needs to check out if exemptions might apply here before running off insisting that the landlord has to waive the pet deposit.

Service animals seem to be protected (if the law is applicable), Florida law is silent emotional support animals.

Laws don't compel all people to act appropriately.

Recalcitrant people often need to be taken to court to be compelled to obey laws.

 

[Tax Counsel]

Service animals seem to be protected (if the law is applicable), Florida law is silent emotional support animals.

I guess I wasn't very clear earlier. If the FHA does apply, HUD takes the position that emotional support animals are protected under the definition of assistance animal, a term broader than service animal under the ADA. While under the ADA emotional support animals are not service animals and thus not protected by the ADA, they are protected under the FHA. The HUD memo I linked earlier says this in the first paragraph on page 6:

In addition, the preambles state that emotional support animals that do not qualify as service animals under the ADA may "nevertheless qualify as permitted reasonable accommodations for persons with disabilities under the FHAct." While the preambles expressly mention only the FHAct, the same analysis applies to Section 504. ​

The preambles that it references are to the ADA regulations issued by the Department of Justice.

I'm not surprised that Florida wouldn't address it. Florida is not a particularly consumer, tenant or employee favorable state.

Laws don't compel all people to act appropriately.

Recalcitrant people often need to be taken to court to be compelled to obey laws.

Absolutely agree. That fact is one of the things that helps keep lawyers employed.