Q: Brother in law(Army) is deploying, and wants sister (my wife) and I to custodian the rental house. Can she keep her ESA?
The emotional support animal is a smaller indoor only cat, and we are not on the lease yet. (So we are technically not tenants, but will be transitioning into tenants if possible.) She has paperwork from Georgia supporting her claim, but had not renewed the claim in the state of Oregon until today. The brother in law does not have his orders yet as a physical document to present to the property management company but has announced his deployment window and his intent to instate us as his custodians. A term on the lease does specify "No pets allowed at ANY time." This cat is critical to her mental health, but there will be about a month window where we will not be able to be protected by his orders, and he will not be able to be physically present in the state to represent us. We will have power of attorney. What are our options?
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A:
You have a few options to consider regarding your sister's ESA cat. First, even though the lease specifies "No pets allowed at ANY time," emotional support animals (ESAs) are not considered pets under the Fair Housing Act. This federal law requires landlords to make reasonable accommodations for tenants with disabilities, which includes allowing ESAs even if the lease has a no-pet policy. You should provide the property management company with your sister's ESA documentation to request this accommodation.
Given that your brother-in-law will be deploying soon and his physical presence will be limited, it's essential to secure a power of attorney. This will allow you to handle the rental agreement and other legal matters on his behalf. Although he doesn't have his deployment orders in hand yet, communicate his intent and your upcoming role as custodians to the property management company as soon as possible.
Since there is a gap where the orders won't be available, and you won't officially be tenants, you might face some challenges. Stay proactive in your communication with the property management, providing all necessary documentation for the ESA, and explaining your situation. This approach will help you navigate this transition period more smoothly and protect your sister's mental health needs.
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