[WSBARP] Emotional support animals

Fri Aug 11 10:54:57 PDT 2023

Not my area, but my partner and I were chatting about this interesting
thread, and he sent me the attached Washington State pamphlet on service
animals. Hope this helps.

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
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On Fri, Aug 11, 2023 at 8:30 AM Patrick McDonald <
pmcdonald at podymcdonaldlaw.com> wrote:

> 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>
> 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
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> On Thu, Aug 10, 2023 at 3:13 PM Tom Ashton <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>
>
>
> ------------------------------
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> on behalf of Craig Gourley <
> craig at glgmail.com>
> *Sent:* Thursday, August 10, 2023 3:03:07 PM
> *To:* WSBA Real Property Listserv <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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