Landlord Question and Answer Forum

After moving into our IL rental, they are claiming two emotional support animals justified by a fibromyalgia disability, however, she has not been approved for SSI or SS benefits. She says she has a doctor who will send a letter addressing her disability. Is that enough to be classified as a disability or must other documentation be provided? What qualifies as not legally disabled? How do we know if it isn't true? Thank you for your input!

Hey! Legal service animals are used mainly for: Alerting deaf or hard of hearing or individuals to sounds; Carrying and picking up objects for individuals with mobility impairments; Providing balance assistance for individuals with mobility impairments; and Alerting individuals to oncoming seizures. Fibromyalgia can cause a person to have trouble picking up objects and sometimes need help with balance. You can request a written letter from health care provider confirming the tenants disability and need for a service animal. I would also look up your state laws regarding service animals. I hope this helps! GOOD LUCK!

Posted by AI-Answer , PA on Saturday, March 5, 2016

Thanks, Amaya. The problem is that the animals are referred to as emotional support animals according to the renters; they are not service dogs. These animals belonged to them as pets but with our no pet policy, after agreeing to the lease they decided to go around the lease with a disability. I am not doubting the fibromyalgia just what denotes documentation for a disability. if there is more required for a legal disability than a doctor's note.

Posted by Rebecca F, IL on Saturday, March 5, 2016

Check out this site https://www.animallaw.info/sites/default/files/FHEO_notice_assistance_animals2013.pdf Under Section I: Reasonable Accommodations for Assistance Animals under the FHAct and Section 504. You as a landlord have the right to request documentation and verify it. I working on creating a policy for my rentals that is part of the lease. This problem is coming up more and more as people don't want to pay pet deposits or want to work around no pet policy.

Posted by jannie c, CO on Friday, November 18, 2016