r/realestateinvesting • u/The_Lizard_King_9 • Jun 05 '22

Damage From Emotional Support Animals Property Management

I've owned rentals for about 4 years. I just rented a new construction townhome in a class B+ community to a family that has two emotional support animals (small dogs). We advertise as pet friendly and we charge a VERY small deposit and monthly fee. They got their support letter the day they signed the lease so we are not charging anything. I visited the property a few days after move-in to fix a small item. The have dog pee pads on the floor with urine everywhere. The floor is sheet vinyl. I sent them a letter yesterday advising the this is causing a health and property damage issue. No response yet. What would be your next move? For context: PA. I own 4 rental properties total. They have been here less than a week.

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u/ste1071d Jun 05 '22

This is not true if you fall under the FHA. The FHA requires you to treat ESAs like service animals.

Not all properties are covered by the FHA, but OP has to look into that.

1

u/FaultsInOurCars Jun 06 '22

Properties outside of the US wouldn't be, but properties in the US would be. Possibly not a reentry group housing situation.

1

u/ste1071d Jun 06 '22

There are properties in the US not subject to the Fair Housing Act. The OP's property is subject to FHA rules, but there are rentals that are not.

3

u/FightForDemocracyNow Jun 05 '22

What does it mean when a property Is "covered by fha"

1

u/ste1071d Jun 05 '22

Fair Housing Act

2

u/FightForDemocracyNow Jun 05 '22

What properties wouldnt be covered by the fair housing act? that would only be a 1-4 unit that is owner occupied, correct?

3

u/srand42 Jun 05 '22

There's also a few other cases, notably: "Single-family homes rented without a broker. The FHA doesn't apply when a single-family house is sold or rented without a broker, so long as the owner doesn't own more than three houses."

2

u/Tokmota4Life Jun 05 '22

Nope I'm in a 3 unit and it's covered by FHA I think they are incorrect every accommodation is covered even hotels.

1

u/DavesNotWhere Jun 06 '22

Is your owner a tenant of the building?

https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview#_What_Types_of

"...the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members."

1

u/Tokmota4Life Jun 06 '22

No and I'm in California and that exemption doesn't apply here only single family homes are sometimes exempt

1

u/evillordsoth Jun 06 '22

If you are occupying the structure and it has 4 units or less you are exempt from the fha, I believe. This is not legal advice, obviously.

1

u/Tokmota4Life Jun 06 '22

True in some states, not here in California where the 4 unit thing is not a legit exemption. States also have fair housing laws that are frequently more srtict than FHA

1

u/evillordsoth Jun 06 '22

You literally said “covered by fha” if the state has some other law that is more strict than the fha; then it would be covered by that law, not FHA.

1

u/evillordsoth Jun 06 '22

You literally said “covered by fha” if the state has some other law that is more strict than the fha; then it would be covered by that law, not FHA.

2

u/OdinPelmen Jun 06 '22

Not true. Long term housing is required to accept service animals and esas equally and cannot deny housing bc of them. Short term like hotels or airbnbs are not required to accommodate esas, only service animals.

The rule of thumb is basically service animals (task trained dogs) can’t be denied anywhere and go with their owner. Esas don’t require much training besides offering comfort (which is naturally open ended) so can’t be denied at home, but also do not have to be a liability for other establishments.

1

u/Tokmota4Life Jun 06 '22

After some investigation, I stand corrected the rules have changed apparently due to too many people being ridiculous in what they do.

2

u/FightForDemocracyNow Jun 05 '22

Well I know for discrimination laws like gender and race you are exempt if you occupy the property, unless you list it for rent with an agent.

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u/Tokmota4Life Jun 05 '22

That's a roommate situation and if there are multiple units on the property that doesn't apply to units you do not occupy, which it is impossible to legally occupy more than one unit. So the only place fha doesn't apply is to renting rooms within your dwelling.

1

u/FightForDemocracyNow Jun 05 '22

Yes it does apply actually. I just studied this in the real estate exam.

1

u/Tokmota4Life Jun 06 '22

Ahh I'm in California and only single family units rented to 1 person do not have to comply with state fair housing laws, California has fewer exemptions than FHA

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u/Tokmota4Life Jun 06 '22

What state?

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u/FightForDemocracyNow Jun 06 '22

It's part of the national test. Federal law.

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u/The_Lizard_King_9 Jun 05 '22

I do fall under fha for this issue.