redlineNobody likes fake Emotional Support Animal letters, but a recent DOJ consent decree should remind apartment owners that reasonable verification of a disability can spill over into unreasonable discriminatory demands.

The DOJ press release, and a link to the decree, can be found HERE. The apartment managers’ sin was requiring that an individual claiming to be disabled provide a “prescription” for the emotional support animal that included an assumption of liability by the health care provider for damage caused by the animal. You don’t have to be a mind reader to understand what management was thinking. If the health care provider is taking a risk, he or she will be more honest about the existence of a disability. HUD, DOJ, and any court would see it differently. They saw threatening a health care provider as a way of keeping those with disabilities from exercising their rights. More