ESA when I have cats

[SDcuriosity]

A couple people here have mentioned I might see about getting Nera into my apartment as an ESA, while I see if/when having her be an SD is doable.  That way she's with me whether or not she eventually becomes an SD. 

A couple questions I guess...

1.  As far as a doctor's recommendation, would my psychologist (doctorate level) recommending it be enough, or would I need a recommendation from an MD?

2.  Even with a recommendation from the proper professional...I have two cats (this is a cat friendly apartment, but no dogs)...it's not from a professional recommendation/prescription, just something that's allowed.  Would it then be problematic to get Nera in as an ESA, since it could be argued that, gee, the cats provide emotional support? 

[Roxie]

An MD, PhD, Licensed Mental Health Practicioner, even a Licensed Social Worker can write a letter/order for an ESA.  I always choose the practicioner with the highest credentials and/or prescribing rights.

If your Dr would write an order for an Emotional Support Dog, I do not see why she could not stay at your home.

Look at Bazelon Law Center Emotional Support Animals and see if that clarifies anything.

Pet and ESA are two different things, and fall under different laws.

It is worth a try! Never know unless you try.  Never leave a stone unturned when you are looking for something.

Roxie

[Kirsten]

The problem is, as you already pointed out, you have cats.  There would be no need for a third ESA even if you qualified.  Yes, cats are often used as ESAs.  Any common domestic animal can be an ESA.

We're talking about reasonable accommodations, not any accommodation.  Since the landlord already permits pet cats, s/he has already offered a reasonable accommodation.  You'd then have to show how it isn't reasonable.  Maybe if you were allergic to cats you might need a different accommodation than a cat.  But you aren't.  So I think you are SOL on that point.

[Kirsten]

Pet and ESA are two different things, and fall under different laws.

They are not two different things.  An ESA is simply a pet belonging to a person with a disability.  No special training is required.  They just have to not disrupt other people's enjoyment of their homes (say by barking and keeping people up at night). 

Also, be aware that for an ESA the landlord can impose restrictions as to species, breed, and size, especially when the tenancy has already begun before the person approaches the issue of an ESA.  Lots of landlords will permit small ESA dogs, but not large ones, for example.  Others restrict breed because of insurance concerns.

[Roxie]

http://www.fhco.org/pdfs/hud_guidance_service_animals.pdf

Assistance Animals In Housing –
New HUD Guidance Regarding Assistance Animals
Marley J. Eichstaedt, Executive Director
Northwest Fair Housing Alliance

Recently, the U.S. Department of Housing & Urban Development (HUD) issued a final rulei amending HUD’s existing regulations governing the requirements for pet ownership in HUD-assisted public housing and multifamily housing projects for the elderly and persons with disabilities. The rule amends these pet ownership requirements to be consistent with the regulations for HUD’s other public housing programs.............

When must a landlord or manager allow a tenant to have a service animal?...............

In the case of assistance/service animals, an individual with a disability must demonstrate a nexus between his or her disability and the function the service animal provides. Examples of disability-related functions, include, but are not limited to:
 guiding individuals who are blind or have low vision,
 alerting individuals who are deaf or hard of hearing to sounds,
 providing protection or rescue assistance,
 pulling a wheelchair,
 fetching items,
 alerting persons to impending seizures, or
 providing emotional support to persons with disabilities who have a disability-related need for such support.
                        ************************************

This is where I am confused. Is this relative only to HUD projects and subsidies? HUD bases its regs on FHAA, doesn't it?  Does the last check box mean ESA's???

Roxie

[Kirsten]

Yes, that's only for public housing run with HUD funding.

The FHAA does not directly address service animals, only reasonable accommodations.  In the guidances HUD gives an example with an exception to a "no pets" policy for a guide dog.  Therefore such an accommodation for a service animal can be considered reasonable.  HUD has expanded its understanding of this to include ESAs, which are just another sort of reasonable accommodation.  It's more reasonable in housing than in supermarkets because they're ordinary pets, going where ordinary pets go.  It's okay that they don't have special training because they don't need it, so long as they don't disturb neighbors with noise or feces, etc.

So under the FHAA, ESAs are treated somewhat like SDs, except that caselaw treats them differently.  With a SD you're usually going to win an argument over deposits, but it's about 50/50 with an ESA.  With a SD you're probably going to win in a dispute over a specific breed or size unless the landlord can show undue hardship (such as a raise in insurance premiums because of the presence of a breed considered "vicious."  They get a lot more leeway with an ESA because ESAs are a heck of a lot easier to come by and there are a great many more options available than with SDs.

[Roxie]

I see. I have been reading rules only applicable to Housing Authorities and HUD subsididy rental programs then.

They seem to have a more liberal criteria and application.

Roxie.

[Kirsten]

Yes, they are more liberal.