We've covered a lot of topics at Bornstein Law, but none has garnered as much reaction as emotional support or 'comfort' animals. Here's a sampling of some of the many comments we've received.
Michele DennisProperty Manager/Leasing and Marketing Director at Sandburg Mall
As general manager for an indoor retail center, the problem of the "fake" service animal is an enormous issue. I'm thrilled to see a bill that will help quash this problem. We have had supposed service dogs try to chase and go after other shoppers in an aggressive manner, relieve themselves on the floors, bark and growl. My favorite was a woman with multiple dogs who said they were all her service dogs. After continued conversation, she would take one of the dogs to nursing homes to visit the elderly and wasn't actually a service dog. People abuse the service dog law. This right to have animals and hide behind the law is a safety issue. I have a disability that allows me to have a service dog if I would so choose. Thus, I fully undetstand their importance. However, true service dogs are working dogs that have been trained. Companion dogs are not trained, they are typically adopted from a shelter and have no more training than basic commands and potty training.
Matthew JewellSystem Maintenance at US Army
https://youtu.be/WIlPFRsseQ8 Yeah emotional service animals are definitely “fake” comfort animals. Good work legislation 👍
The Royal Dutch Guide Dog Foundation (KNGF) commercial for veteran dog…
youtu.be
Matthew JewellSystem Maintenance at US Army
Lisa McLain, CAM, CAPS I don’t know. Link states “clear disability” I.E sight dog, can’t clearly see PTSD. Don’t get me wrong there are definitely out there scamming apartments using a service dog to take off their rent when there is no issue. Just think this legislation is going to indirectly make people who have actual emotion disabilities life’s much harder when there animal isn’t accepted. Guess we’ll just see though
Linda KellyBetter Homes & Gardens Franklin Group
May you never suffer from PTSD or other mental disability. These ESA (emotional support animals make life easier for people with emotional and mental disabilities. Shame on you!!!
Kristen ScanlonOwner of Talk Pawsitive
Perhaps if apartments didn't charge so much for animals then people wouldn't feel the need to come up with a way to make this work. It is stupid to charge pet rent on top of a high deposit that isn't refundable. You don't charge to have children live in an apartment, on top of an extra deposit that isn't going to be returned. I have 2 cats and they are important to me. They mean the world to me. But having to add on anywhere from $30 to $50 a month on top of an already overinflated cost of rent. And now apartments are starting to not pay for utilities as well? Maybe we should be looking more at costs of living in an apartment and adjust so people can actually afford a decent place to live.
Liz KelleyGeneral Manager at Vintage Capital Group
Comparing a cat or dog to a child is offensive. People trump pets period.
Tim ReedVice President Ebcon Inc.
While I understand that a dog or cat becomes a member of your family, they do create additional wear and tear on an apartment. It is not unreasonable for a Landlord to recoup these expected costs from the tenants.
Susan PetrieManager at Marilie Properties, LLC and Certified Notary Signing Agent
I don't usually agree with new laws enacted to prohibit personal rights. When a prospective tenant requests a "comfort" animal, I ask for certification, either by their doctor or the State. Without a written document by a medical professional or the State, they will not get approval. So, very simple and no law needed.
Jen HutchisonLet's make things happen together~
Fair housing requires us to treat all people the same, everyday. If a property is even willing to entertain "prescription pets" it is at their discretion to seek evidence of the prescription. Obviously I am not speaking of the significantly disabled members of our community who are protected, as their animals are considered an extension of themselves. But for those we are discussing here; provided all of these prospective tenants are required to show evidence by means of a certified doctor, (according to the properties written policy) then it should be acceptable within the scope of fair housing to seek such. It really comes down to how the property is marketing their pet policy. Who knew it would ever come to this?
Kathi L S.Property Manager - Administrative - Accounting - Bookkeeping
Susan - That is what I have done as well - I also make sure they sign an Animal Policy and Procedure form to make sure they still have to follow all policies and if there are damages caused by their animal at any time, including move out - it will be taken out of their Security Deposit. I have not every single comment - so forgive if I repeated someone else's comment.)
Marcel Scheel / ARMDirector of Community Association Management at SUHRCO Residential Properties, LLC
It's about time. I hold a high level of respect for persons requiring the need of a licensed support or service animal - however many have simply taken advantage of the ease behind obtaining such "license" over the internet without a proper validation.
Cindy L. Eaton, CAMSeasoned & Passionate Property Management Professional
I became legally disabled when my dog was a year old. You cannot see my disability nor do most people know this about me. My dog woke me one night by frantically licking me awake. It turned out that my blood sugar had dropped and I was in a nearly comatose state. I work full time and still did not have the money to have her certified as a service dog. The help I was offered gave me the option to go on a list for a replacement dog for her at lower cost. Not even a consideration. I turned to one of those fake sites as she literally saved my life and I travelled for work. I've been in property management for over 20 years and understand both sides. But unless you have walked in those shoes...maybe you should not be so quick to judge.
Kristy KnierimManagement Coordinator at Greystar
The company I manage for would have you complete the reasonable accommodation request and we would give you the form for your medical professional to complete. These 2 items together (request for accommodations and the medical document- which will not violate your privacy due to the nature of the form) and we submit for approval. If you can provide documentation from a medical professional starting that this animal is medically necessary, you are likely to get your animal approved. Your need isn't the situation that this bill addresses, you just took their path rather than this one.
Gerald WrightDirector of Operations at Simon Property Group
There needs to be a standard across the board on what is considered service and comfort animals. I believe a law is required to do this, especially if it eliminates the fraudulent pretenders.
John Furio....................Nothing changes if nothing changes
Fraudulent pretenders? I've been I'm this business for a while, their are plenty of more pressing issues than this. What a joke.
Tim ReedVice President Ebcon Inc.
There will always be more pressing issues. That does not negate or minimize this important issue.
Christopher HigginsMarketing and branding professional for clients in real estate related industries
So frequently lost, even in the above comments, is why tenants felt they had to resort to this possible deception at all - landlords who are stuck in the old ways of doing things and not looking at clear stats that prove that people with pets make better tenants. Charge a fee, accept pets or get in another business.
Jim WeaverProperty Manager at Fieldstone Associates
Wow, what a short-sighted comment. There are many people who are extremely allergic to pet dander, who can't live in an apartment previously inhabited by a pet, no matter how well the apartment is cleaned, carpets shampooed, etc. To say landlords should get out of the business for not allowing pets is completely ridiculous.
Tim ReedVice President Ebcon Inc.
Please post a link to the clear stats that show that pet owners make better tenants. I would like to enlighten myself so that I do not need to get in another business.
John Furio....................Nothing changes if nothing changes
Disability not readily apparent?
Denise AlexanderCommunity Manager at Decron Properties Corp.
I have apartments with support animals who are left in the apartment all day to howl and cause a disturbance. A true support animal would be with their human at all times.
Sarah Harris HenrySpecial Education Paraprofessional at Grafton Elementary
I agree, but I've been given issues having mine with me even at a pharmacy, despite his best/dog tag. Maybe ESA owners should be required to register their animal with the official registry? I'm not sure if that would be more helpful for us and business owners.
Bob ChristianDirector of Property Management - Landmark on the Lake - Hunt Management Inc.
ESA's must adhere to your rules and if they are causing a disturbance, they can be removed. I would talk to counsel is you are experiencing this issue.
Karen Dixon, GRI, RMP, TRLP, TRPM, TRLS You are already permitted by law to ask for a physician or medial professional's letter to verify the need for the comfort animal. I always ask for a letter to verify. You cannot ask what the disability is but can ask if it is needed.
Lea Ann Ulmer This would be great...
Jeff Becker Mr. Bornstein, please review how the airlines are approaching the comfort animal challenge they are having with passengers. Delta and now United starting March 1, will required additional documentation from a Vet and Mental Health Professional plus the passenger must prove the animals training. Just one more avenue to review. Hope this helps.
Hope Hunter Daniel, I think you should get a dog and then maybe you would get the amazing relationship that is a life-changing experience. I suggest you get a rescue from a rescue group. They could pair you with the right dog and help when you have questions. Honestly, I think pet owners should be allowed in all buildings with strict rules to be enforced for pet owners. Responsible pet owners make the best tenants.
Iosef G. Vaida- L.C., CAM Tell me what you like and I'll tell you who you are. Someone who doesn't like dogs to the point of activism against allowing people to enjoy their true and real therapeutic effect, must be looked at closely for there is some unhealthy trait there or maybe a past trauma.
There are enough laws in existence. What is next? Laws against wearing certain colored clothing? Laws against wearing hats?
Dee Boyd I recently had a potential tenant apply for a unit and had a doctor prescription for 5 cats all comfort needed animals...That's the top of the cake for me.