[WSBARP] Emotional support animals

Fri Aug 11 04:09:36 PDT 2023

A medical doctor is unquestionably authorized to write the letter stating that a patient has a disability and a disability related need for an emotional support animal.  The letter does not have to be provided before the tenant rents.  A reasonable accommodation can be requested by a disabled person at any time during a tenancy.  Unless the request presents an undue financial hardship to the landlord, the reasonable accommodation must be granted.  

Recall that emotional support animals are not "pets".  An emotional support animal is to a disabled person who needs an emotional support animal the same thing that a wheelchair or eyeglasses are to the disabled person who needs those devices.  Since emotional support animals are not "pets" but rather, assistive devices, pet policies and rules do not apply.

The only thing that seems worthy of pursuing, if anything, is the notion that this tenant needs three support animals.  You should confirm this with the Washington State Human Rights Commission or HUD or your local human rights commission if your jurisdiction has one ... but I believe there is a rebuttable presumption that a person may need two support animals but additional justification may be required before a person can claim a need for more than two support animals.  Again, I am not sure about that so definitely get more information before your client challenges the tenant's right to house three support animals.

Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528

> On 08/10/2023 6:52 PM PDT Douglas Scott <doug at rainieradvocates.com> wrote:
>  
>  
> When the tenant applied to rent did they disclose on the application that they needed these service animals?
> Did the landlord let the tenant know from the outset that there were no pets? 
> Sounds like the tenant made a material misrepresentation. 
> DOUGLAS W. SCOTT
> Rainier Legal Advocates|LLC
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> On Thu, Aug 10, 2023 at 3:13 PM Tom Ashton <Tashton at tomashtonlaw.com mailto:Tashton at tomashtonlaw.com> wrote:
> 
> > To paraphrase LBJ, "those two cats and the dog won't hunt".
> >  
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> > ---------------------------------------------
> > From: wsbarp-bounces at lists.wsbarppt.com mailto:wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com mailto:wsbarp-bounces at lists.wsbarppt.com> on behalf of Craig Gourley <craig at glgmail.com mailto:craig at glgmail.com>
> > Sent: Thursday, August 10, 2023 3:03:07 PM
> > To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com mailto:wsbarp at lists.wsbarppt.com>
> > Subject: [WSBARP] Emotional support animals
> > 
> > Listmates, this is not my area so I put it out to the hive.   Client rents a “no pets” residence to a new tenant. Immediately upon move in tenant presents a “prescription” from an MD saying tenant needs 2 cats and a dog for emotional support.  Client has read that the script needs to be from a physiatrist not just a regular MD. Personally I thought anything worked, you could print one off the internet and the Landlord could not challenge it.    Thoughts?
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