Emotional support animals

[Rick-and-Marjorie0]

Can we require a guest who claims an emotional support animal provide documentation for the animal?

[Mike-And-Jane0]

@Rick-and-Marjorie0 No you can't because ESAs have no documentation.

[Lorna170]

@Rick-and-Marjorie0   No you can't, but you can clarify your expectations as to the behavior of the ESA and the guest.  For example, I send an ESA addendum to the guest acknowledging that they are bringing an ESA and:

1. A Pet Fee shall not be assessed for service or assistance animals, but guests are financially responsible for any injury to persons or damage, repair or replacement of property relating to the behavior of any service or assistance animal.
2. Guests are responsible for sanitary disposal of all waste products of their service or assistance animals, including removal of waste materials from outdoor areas and disposal of such waste in trash receptacles.
3. The guest shall provide evidence of current immunization and veterinarian contact information if requested by [name of property]. 
4. Service animals will be in the company of the guest at all times.
5. Assistance animals are not to be left alone in the accommodation unless crated.
6. All service and assistance animals must be properly leashed when outside the accommodation and must not be left unattended when outdoors.
7. No animal, either service or assistance, will be permitted to sleep or lie on any bed or furnishings in the accommodation.

The forgoing provisions are necessary components of the reasonable accommodation that is the subject of this Addendum. Noncompliance with this Addendum constitutes a violation of the host rules and may set in motion the remedies for violations, including compensatory fees, eviction and/or cancellation of the remainder of the reservation.

[Rick-and-Marjorie0]

I'm in Texas and can ask for the guest's ESA letter. 

[Rick-and-Marjorie0]

@Lorna170  Thank you for your response. I like this as an addendum. Do you mind if I add it with some editing to my house rules manual? 

[Lorna170]

@Rick-and-Marjorie0

sure, go ahead. I am flattered that you found it helpful. 

[Amanda1775]

@Rick-and-Marjorie0 

According to the recently updated pet policy and if you desire, a pet fee can be assessed for an ESA except where prohibited by law:

"You can charge a pet fee for an emotional support animal, except in places where applicable laws may not allow it, such as California and New York."

but you can't for a service animal:

"A service animal is one that’s individually trained to do work or perform tasks for a person with disabilities."

https://www.airbnb.com/resources/hosting-homes/a/what-you-need-to-know-about-hosting-pets-463

[Rick-and-Marjorie0]

Thanks for your response. I have done some research since my post and you are correct. Texas has laws that restrict what my response is. I think I have a plan going forward to ask for the ESA letter provided by the guest's mental health provider in order to stay without a pet fee.