Can you, as a prospective landlord, deny Emotional Support Animals if they have caused damage at their previous rental residence?

The reason for denying that applicant would be that you were unable to secure sufficient positive rental history OR that you were unable to verify positive references based on the application provided.

Even better if you can deny them due to lack of income, lack of rental history, they didn't completely fill out the application, etc.

Question to Barb and others:

LLOTF - yes, I believe you could. That said, it is safer to say "Lack of sufficient positive rental history" or "Lack of positive references"

Or better: incomplete application

Why? too many people want to sue for every little thing.

I had one such situation. On the application the family listed their current residence and one prior residence. But when I ran their compete credit report and all background information I learned they lived in two places between the listed rentals. So I contacted both managers/owners and learned their dog has puppies and they are running a dog mill. Two litter a year. The puppies and stud dogs do incredible damage. They had been evicted and have judgement's against them.

So I wrote them a denial letter saying it was due to information on their credit report. They then got a free copy of their credit and didn't see what I was talking about. A judgement for a few thousand dollars from a landlord "didn't count", in their minds. I never said it was because of the dogs, but that was the cause of the damage to two or their undisclosed rentals.

I have turned down people with ESA and comfort dogs because of one or more of the following reasons:

1) Current dog license, required by my city.

2) Proof of dog's current vacinations

3) Not a dangerous animal, will not attack other residents, neighbors, owner or workers.

4) Potty trained, obedience trained not a puppy.

5) Will not attack cats, dogs or other tenants pets.

6) Tenant has had and will maintain renters insurance with a pet rider that will cover landlord in case of a bite or attack.

7) Name, address and phone number of dogs veterinarian. With a release so I can confirm details.

8) Dog can not be a barker and someone will come home every 4 to 5 hours to walk the dog.. Or keep it crated up...

Reject because the ESA caused damage at previous rental? That's an interesting question.

Exactly. You wouldn't reject because of the dog. You'd reject because the reference from the previous landlord did not meet your standards. The unit was damaged. It doesn't matter if the dog did it or the tenants like to chew on the walls themselves.

- John...

While that may be true, neither of those are a valid reason to deny an ESA unless you have something else to go along with it. You cannot safely just go "I'm afraid that my contractor might get bit by your dog, so I'm not accepting you" unless you have some documentation to back up why you think it might bite. You cannot safely just go "My insurance company has a list of dangerous breeds and yours is on it, so I can't accept you." HUD has made it clear that that is not going to float. You would need written documentation from your insurance company that they have considered THAT SPECIFIC DOG (not the BREED, but the actual dog in question) and stated that they will cancel your policy if you allow that specific animal on the premises. (Which, from what I've found online, not a single insurance company has been willing to state in writing yet.)

A person's ESA actually CAN "interfere with your ability to run or manage your business" to some point. The question is whether or not it is a "reasonable accommodation" for you.

Be very careful denying based on the things that bet is worried about here.

- John...

You can evict a tenant if their dog bites your contractor. However, you can not reject an applicant with an ESA because you are afraid that the dog might bite your contractor some time in the non-specified future.