[WSBARP] Emotional support animals

Fri Aug 11 08:22:35 PDT 2023

I’ve attached the DOJ/HUD joint statement on reasonable accommodations under the Fair Housing Act. Of course, state law is substantially similar. To put it mildly, your client would be doing himself or herself a disservice to challenge the tenant’s need for an emotional support animal and would be inviting an investigation by the Washington State Human Rights Commission.

In short, anyone can go online and pay around $50 to get a “medical professional” to verify that the person is “disabled” (i.e., has a physical or mental impairment that substantially limits one or more major life activities) and needs an emotional support animal to use and enjoy their dwelling. That’s all that’s needed. I believe that the Department of Justice has recognized that this is a problem.

Patrick McDonald

_________________________
Pody & McDonald, PLLC
1000 Second Avenue, Ste. 1605
Seattle, WA 98104
T: 206-467-1559
F: 206-467-4489

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Annie Fitzsimmons
Sent: Friday, August 11, 2023 4:10 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; Douglas Scott <doug at rainieradvocates.com>
Subject: Re: [WSBARP] Emotional support animals

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<mailto: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

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

www.rainieradvocates.com<http://www.rainieradvocates.com/>

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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".

Get Outlook for Android<https://aka.ms/AAb9ysg>

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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?

GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
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