Bay Area landlords say people abuse emotional support animal protections

Service animals are trained to perform a task for a physical or psychological condition and emotional support animals' pure presence has a positive effect on their owner’s mental state. Both are important to people’s wellbeing, and both are protected under state laws for housing. 

But some groups, like Tampa Bay landlords, said people are abusing the system. 

"I think we're somewhere around 10% of all of our tenants are abusing the emotional support animals," said David Lowery with Sensible Property Management. "I'll have tenants with two or three support animals, and it’s just absolute abuse most of the time. Now, I understand that people have emotional and health care issues, and they need something. There's no problem with that. Most landlords and property managers have no issue, but there's just no safeguards and people are just abusing it left, right and center."

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Lowery said it’s causing landlords issues. 

"We get excess damage from animals," Lowery said. "Many times, people don't even have the support animal letter, and once they find out what our pet fee is, they go and get it. So, it's just it's a way to dodge the fee."

Animal support advocates and disability attorneys said they want to crack down on abuse of the system too.  

"I hate to see landlords or public accommodations being taken advantage of, because it makes it very, very difficult for my clients who have legitimate disabilities," said Courtney Cunningham, a Florida disability rights attorney. "[Animals] do have a therapeutic purpose and they work. There are some people who might have a cat sit on their lap, makes them feel 100% better. Another, there may be a guy who has PTSD, who says, 'if I can get home to my dog, I'm going to be good.' It's important that folks be allowed their support animals, and it's equally important that people comply with the law." 

Under Florida law, landlords can require documentation relating to an individual's disability for both a service dog or emotional support animal. If it is an emotional support animal, you need a letter from a medical professional that states a need for the ESA. That must be renewed annually.

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