On pet policies, service animals, and emotional support animals

At Blue Ridge properties, we love our pets, many of us have pets and fully realize the positive influence they have on our lives. It is our observation that animals do generally cause additional wear and tear on properties.

Blue Ridge properties, management department managed well over 400 properties for different owners. These owners have contracted us to screen for prospective tenants.

Some of these owners are perfectly fine with any pets while others want us to enforce the strictest legally possible no pet policies. So you will find our pet policies will vary from unit to unit dependent on the individual desires of the owners that we have a fiduciary responsibility to represent.

Under no circumstances, will Blue Ridge properties violate federal laws on fair housing, or ADA nor will we represent an owner that is unwilling to comply with any of those laws, rules, or regulations.

It is rare that a week goes by that a prospective tenant does not try to get around pet restrictions or pet fees by claiming their pet to be an emotional support animal. They often bring in certificates they downloaded off the Internet. Or service animal harnesses that they purchased on eBay.

Understand there are many unscrupulous websites that offer to register your pet as an emotional support animal for the sole purpose of getting around these restrictions. Trust us when we say we have seen everything. There's also an incredible amount of misinformation on the Internet around what constitutes a service animal or emotional support animal therefore, we wish to direct you to the official government sites so that you may see the tools that we used to evaluate a request for a service animal or emotional support animal exception.

Blue Ridge Properties Policy for Determining Eligibility of an Animal as a service animal or Emotional Support Animal

Service animals and emotional support animals are essential for many people with disabilities to carry out their daily tasks and participate in society. To ensure that individuals with disabilities have access to the benefits of service animals and emotional support animals while also protecting the public, it is important to have clear criteria for determining whether an animal qualifies as a service animal or emotional support animal. The following policy outlines the criteria that must be met to determine whether an animal is a service animal or emotional support animal.

Definition of a service animal

A service animal is a dog or miniature horse that is trained to perform specific tasks for an individual with a disability.

Criteria for Service Animals

• The animal must be a dog or miniature horse and must be individually trained to perform tasks that mitigate the handler's disability.
• The handler must have a disability, as defined by the Americans with Disabilities Act (ADA), and the animal must be necessary to assist with the handler's disability.
• The animal must be under control at all times and must be housebroken.
• The animal must not pose a direct threat to the health or safety of others and must not cause a disruption in public settings.

Prohibited actions

The following actions are prohibited when determining whether an animal meets the criteria for a service animal:

• Asking about the nature or severity of an individual's disability.
• Requiring documentation of the individual's disability or certification of the animal's training.
• Asking that the animal demonstrate its ability to perform the tasks it has been trained to perform.

Definition of an Emotional Support Animal (ESA)

An Emotional Support Animal (ESA) is a type of assistance animal that provides therapeutic support to an individual with a mental or emotional disability. An ESA is not trained to perform any specific tasks or duties but provides comfort and companionship to the individual.

Criteria for an animal to be considered as an ESA

To be considered as an ESA, the animal must meet the following criteria:

• The animal must be a domesticated animal, such as a dog or a cat. Other animals may be considered, but the individual must provide compelling reasons why the animal is necessary for emotional support.
• The animal must be well-behaved and not pose a threat to others. Aggressive or dangerous animals will not be considered.
• The animal must be able to provide emotional support to the individual with a mental or emotional disability.
• The individual must provide documentation from a licensed healthcare professional that states the individual has a mental or emotional disability and that the ESA would provide therapeutic support.

Documentation required

To request an ESA accommodation, the individual should provide the following documentation:

• A letter from a licensed healthcare professional that includes the following information:
  • The individual has a mental or emotional disability that substantially limits one or more major life activities.
  • The healthcare professional's opinion that an ESA would provide therapeutic support or benefit to the individual.
  • The type of animal that is recommended for the individual's emotional support.
  • The healthcare professional's license number, date of issue, and state or jurisdiction of issue.
  • Contact information for verification.

The documentation should not disclose the nature of the disability or the specific diagnosis, only that the individual has the disability and requires the animal as a reasonable accommodation.

Verification of documentation

The individual's request for an ESA accommodation will be verified by Blue Ridge. Verification may include contacting the healthcare professional who provided the letter or requesting additional documentation.

Responsibilities of the individual with an ESA

If approved for an ESA accommodation, the individual is responsible for the following:

• Ensuring that the animal is well-behaved and does not pose a threat to others.
• Ensuring that the animal is properly cared for, including regular veterinary check-ups and vaccinations.
• Ensuring that the animal is not disruptive to others, such as excessive barking or inappropriate elimination.
• Providing the appropriate documentation to Blue Ridge.

Review of ESA accommodation

The ESA accommodation may be reviewed periodically to ensure that the animal continues to meet the criteria for an ESA and that the individual is complying with their responsibilities. If there are concerns regarding the animal's behavior or the individual's compliance, the ESA accommodation may be revoked.

Penalties for False Representations

Individuals who falsely represent that an animal is a service animal or emotional support animal may be subject to penalties under federal or state law.

Confidentiality

All information related to an individual's disability and their service animal or emotional support animal should be kept confidential and not shared with other residents or staff, except as necessary to facilitate the reasonable accommodation.

Conclusion

This policy is intended to provide a clear and consistent process for determining the eligibility of an animal as an ESA. The purpose of this policy is to ensure that individuals with mental or emotional disabilities have the opportunity to benefit from the therapeutic support provided by an ESA while also ensuring the safety and well-being of others.