State Specific Question About: TEXAS (TX)

This has been a major topic discussed here lately, and the consensus view is there is little a Land lord can do to 'fix' this situation.

I just googled Tim Livingood and almost registered my dogs...got to the part of payment and backed up. Everyone can do it. The part of his website that can help you to avoid fake disability, quote :

Verification May Be Required By Property Managers

These laws allows a property manager to accept a letter from the tenant's licensed mental health professional (LMHP) for an ESA, but they may also require a verification form to be completed by a physician or LMHP, confirming the tenant's physical/emotional/psychiatric disability.End of quote. Ask her for that verification.

And further quote:

A disabled person who does not properly manage his/her unruly, destructive, aggressive, or disturbance causing animal can be evicted.End of quote.

On a personal note, I do allow dogs and I do advertise it, I would rather collect the money this guys make on certification for pet rent or at least additional SD.

Well, they provided a letter from Mr. Livingood. Apparently he may/may not have a counseling license in Oregon. Can't collect security deposit - that's against ADA and HUD rules. Can't increase rent because of pet - again against rules.

What I guess I have to figure out is the best way (so I don't end up in a lawsuit) to ask for a verification form to be completed by her LMHP. Anyone have one of those they have used successfully?

It is very irritating. I have known few REAL service dogs, same kind that work with blind and deaf. I have deepest respect for them, not many humans I have such respect for as real trained service dogs.

As for how to ask for it - just like it says in that website.

Dear Ms. FakeDog, to continue with our approval process we require a verification letter from your physician or LMHP, confirming that you do have physical,emotional or psychiatric disability that requires emotional support animal.

I don't think you have any option here. From what I can tell, Tim Livingood is a "health professional." A proper letter from a "health professional" is all that is required of a person claiming an emotional support animal. There is no requirement that it must be their LOCAL health professional or anything of that sort. They just need a letter from a "health professional" that basically states that they are disabled and that they would benefit from the animal.

It sounds like that is what you've been provide with, right?

This one would be hard to fight. LOTS of people out there hate this Tim Livingood guy -- especially people with REAL Service Animals that are getting a bad name because of scams like this. But the reality is that, currently, the law is very likely on their side, not yours.

If you have another valid reason to deny based on qualifications, great. If you don't, then you likely need to take them because they've done what the law requires, IMO.

As said above, however, you SHOULD see how things go afterwards. If they get in there and the animal starts doing damage or is unreasonable loud and such -- then you do have reason to disallow it.

- John...

The following is a copy of a reasonable accommodation request form I found online

REASONABLE ACCOMMODATION REQUEST FORM FOR TENANTS

I have a disability. I believe that the problems causing you to reject my application for

housing or to send me a lease violation notice or eviction notice are related to my disability.

1. This is why I think the problem happened as a result of my disability:

2. I think the problem is not likely to happen again because:

The things described below have changed in my life.

or

A reasonable accommodation would solve the problem.

The accommodation I request is:

3. You can verify that the problem for which I would be rejected or evicted from housing was

as a result of my disability by contacting:

Name _____________________________________________________________________

Phone _____________________________________________________________________

Address____________________________________________________________________

4. You can verify the reasons that I think the problem is not likely to happen again and that I

will be likely to continue doing what I need to do to avoid these problems by contacting:

Name _____________________________________________________________________

Phone _____________________________________________________________________

Address____________________________________________________________________

5. You can verify that the reasonable accommodation I am requesting is necessary and likely

to solve the problem by contacting:

Name _____________________________________________________________________

Phone _____________________________________________________________________

Address____________________________________________________________________

________________________________________

Just found this one from Boston Housing I like better

REQUEST FOR REASONABLE ACCOMMODATION

NAME: ___________________________________ PHONE: ____________________

ADDRESS: _____________________________________________________________

1. The following member of my household has a disability as defined below:

(A physical or mental impairment that substantially limits one or more life activities; or a record of having such an

impairment; or regarded as having such an impairment)

Name: __________________________________________________________________ Relationship or association with

you*_______________________________________________________________

2. As a result of this disability, I am requesting the following reasonable accommodation:

(Please check one or more boxes below.):

( ) A change in my apartment or other part of the housing development. Please

specify___________________________________________________________________________

________________________________________________________________________________

( ) A change in the following rule, policy or procedure. (Note that a change in how to meet the terms of the lease

may be requested, but the terms of the lease must be met.) Please specify:

_________________________________________________________________________________

______________________________________________________________________________________________

____________________________________________________________________

( ) Other (for example, a change in the way the BHA communicates with you). Please specify:

__________________________________________________________________________

3. This request for reasonable accommodation is necessary so that I can: (please specify)

______________________________________________________________________________________________

______________________________________________________________________________________________

_______________________________________________________

4. I authorize the Boston Housing Authority to verify that I have a disability and have the need for the reasonable

accommodation I have requested. In order to verify this information the BHA may contact the following physician,

psychiatrist, licensed psychologist, licensed nurse practitioner, licensed social worker, rehabilitation professional, non-

medical service agency whose function is to provide services to the disabled, or other expert in the field of

_______________________________

(Note: You may present verification directly to BHA)

Name: ___________________________________________________________

Title of professional or expert: _________________________________________

Agency, Facility or Institution (if any) __________________________________

Address: __________________________________________________________

Telephone: _______________________________________________________

I understand that the information obtained by the BHA will be kept completely confidential and used solely to make a

determination on my reasonable accommodation request.

Please return this form as promptly as possible so that the BHA may make a determination on this request.

Signed: ______________________________________ Date: ____________________

[Head of household or authorized representative]

Witness: _____________________________________ Date: ____________________

*If on behalf of a minor child, please indicate whether you are the parent or guardian.

Where the individual with the disability is over 18 and is not the head of household, he or she should sign the

Oh boy, I'm a health professional (a registered dietitian) in so-called real life.

A new profession for me! Maybe I could charge folks to approve their pets as emotional support animals so they stop stuffing their faces with pizza! Wow!

Take a look at:

I like my units rented and making money, so I take pets. I would take the girlfriend and the pet but would not put her on the lease so if he breaks up with her, she has to go. Although it's usually the guy who walks out.

You can also request vet records for the animal, verifying that the animal is up to date on shots, etc.

Barb: No, actually, you can't. There is no requirement in the FHAA that an Emotional Support animal have vet records and/or be up to date on anything (unless it is required by LOCAL laws for ALL animals in that county, for example).

Also, I could find nothing that requires that the health professional be licensed in their own state or that the license number must be provided. Do you have a reference for those requirements?

Again, the OP has already been provided with a letter from a health professional (that has a degree in psychology, a masters in Counseling Psychology, and is a certified counselor in the state of Oregon). I think that they would be walking on thin ice trying to argue that the letter that they already received from a health professional does not qualify.

Everyone needs to remember that the actual FHAA does not mentioned these sorts of letters or "health professionals" AT ALL! This has all developed from existing court cases and interpretations of what qualifies. Therefore, you really need to error on the side of caution here. It isn't like you can just quote the text of the law and be fine! If something like this goes to court, it will be a long, expensive battle involving lots of pre-existing court cases. Not a simple matter at all.

You certainly don't want to be there because you're trying to argue that you ignored what would otherwise be an acceptable letter because the guy was in another state! :)

- John...

Is the tenant month-to-month?

If you are OK with having the GF and the dog there, tell the tenant that an additional occupant will add XX dollars to the monthly rent.

Make it an amount that you're happy with to compensate you for damages to come. If they accept, make sure to do regular inspections.

You could also pay a visit to the GF's current residence and see how she & the dog live now.

If you deny her, after running proper background checks, make it on some other basis than the dog.

Remember you can ask curtain questions about a "dog" or "cat" before you would allow them to move into your property regardless if the animal is a pet, support animal or service provider.

Recently a 37 year old female tenant asked if her "boyfriend" could move in with her. I asked if he was "trained"? She didn't have a clue what I meant. So I asked these questions:

A) I know your boyfriend owns a guitar. Does he know at what hours he's allowed to play his music? And under what circumstances? She had no clue as to my sound/music rules, neither did her boyfriend.

The same is with pets. Whatever you call them, if they are going to bark and upset other residents on your property, this would not be acceptable behavior.

As suggested deny the owner not the animal, lease is with Mr. X as exclusive use, the cost of each additional occupant is 50 per month per person. In my state the vet records is the universal starting point - very few have gone any further with attempted tricks, I have 5 authorized comfort/support/therapy animals - they all behave better than the adults they are with, they each bark a little and quiet down on command, no jumping or erratic behavior, owner picks up waste regularly on walks or in thier own yard.

That business appears to be a scam. I don't know how you can get around it though. The laws have been slowly closing in on property owners and landlords for awhile.

You just order a "certification" registration card over the internet from this guy. Lots of news reports.

She needs a letter from a mental health professional stating that she is mentally disabled, not just a letter from this company owner. I'm sure he recommended someone and is getting a kickback.

Like SID said, ignore the dog entirely.

See if she meets all of your other criteria, credit, criminal history, employment, etc? If no, then deny. If yes, accept.

I have pets in all my properties with a pet agreement and a NON-refundable pet FEE of $300. I seem to have NONE of the animal problems that most people do, but then I have a pet-door in every unit, and no carpeting, just tile and wood lam.

Personally I believe MOST "emotional support" animals are a crock to manipulate around the LL no pet rules. But since I take all pets (but the most aggressive or filthy) this doesn't bother me. People with true emotional support needs can easily get a letter from their OWN MD or psychologist as to how the pets helps the patient. Anything less than that is bogus!