Can A Landlord Require An Esa To Be Declawed??

[ginjaninja]

My sister is not allowed to have cats in her apartment building, but recently got an emotional support cat with a doctor's note (she's not on TCS so I'm asking for her). When she filled out her apartment's paperwork and handed in the doctor's note, the landlord then said the cat is required to be declawed before entering the apartment! This can't be right, can it?? Has anyone dealt with this same situation?? (We live in North Dakota FYI)

 

[Ashley23]

No that's not allowed. Technically landlords can't even refuse for you to have cats.

 

[abyeb]

If he's stubborn, you can give him this booklet: http://www.littlebigcat.com/wp-content/uploads/2017/02/ADH2017.pdf
And tell him to watch the Paw Project. The trailer is here:

 

[lavishsqualor]

I'm a regional manager for a large property management firm in Florida. I will confess to you that the evolution of "emotional support animals" has been a problem for a lot of management companies. You can actually buy documents off the web certifying almost any type of animal as an emotional support animal without having to provide anything from a licensed mental healthcare provider or MD. That being, we require documentation from the prescribing healthcare practitioner. We don't however put any stipulations on that animal other than that it has to have had its rabies shots. We don't even require animals to be desexed and I wish we could.

If you are renting from a large property management firm I would not think that they could require a cat to be declawed but I'm afraid I'm not sure, given that you are out out state. My belief is that they cannot because they can't force you to "modify" your emotional support animal at an expense to you. Legally, we cannot even charge you a pet deposit, pet rent, or pet cleaning fees. My best advice is to reach out to your local legal aid society and talk to them. You might even talk to the local ASPCA chapter or a rescue group. If all else fails, I would try to speak to someone at the Department of Justice regarding a possible ADA violation.

 

[FreedomKitty17]

No that's not allowed. Technically landlords can't even refuse for you to have cats.

Technically, if the apartment or place you're renting doesn't allow pets, then he can absolutely say you can't have a cat. (Obviously if our provide all documents required, a service animal is fine) As for the declawing, he shouldn't be able to tell you what to do with your cat, he can suggest or ask, but unless he wants to pay for it, he can't force you to, as far as I know.

 

[ginjaninja]

If he's stubborn, you can give him this booklet: http://www.littlebigcat.com/wp-content/uploads/2017/02/ADH2017.pdf
And tell him to watch the Paw Project. The trailer is here:

Good info, thank you! I am still searching for something more specific regarding rules/regulations on declawing emotional support animals.

 

[ginjaninja]

Technically, if the apartment or place you're renting doesn't allow pets, then he can absolutely say you can't have a cat. (Obviously if our provide all documents required, a service animal is fine) As for the declawing, he shouldn't be able to tell you what to do with your cat, he can suggest or ask, but unless he wants to pay for it, he can't force you to, as far as I know.

Right, pets are not allowed, but the landlord cannot deny a reasonable request for an assistance animal. I am just having trouble finding specific laws or regulations regarding declawing emotional support animals.

 

[Ardina]

A lot of landlords simply request declawing because they don't know how mutilating it is or how it can actually lead to more property damage with inappropriate elimination. My landlord had declawing required in the lease contract, and I sent him some information about it and requested that he take it out. He agreed to cross it out, so it's worth a try.

 

[Ceracera]

FAQs on Emotional Support Animals | Animal Legal & Historical Center
This place has more info.

It doesn't say anything about declawing, but it says

According to HUD, if it is the policy to charge tenants for damage to the tenant's dwelling unit beyond reasonable wear and tear, then a housing provider may require a tenant to cover the costs for repairs due to damage by the tenant's assistance animal.

I'm assuming he wants the cat declawed because of potential damage to furniture? If so, maybe your sister can tell the landlord she's willing to cover the cost of replacing anything the cat damages, and see what he says.

Maybe she can call the number here: Fair Housing Laws and Complaints

Honestly, if my landlord required me to declaw my cats, I'd just move or find the cat a better home.

I rent right now and my agreement with my landlord is that I'll pay for any damage. So far, the cats have just scratched up two cushion covers, which isn't exactly expensive to replace.

 

[ginjaninja]

No that's not allowed. Technically landlords can't even refuse for you to have cats.

Any idea where I can find more info about that?

 

[Ashley23]

I forget technically what it's called but there's a thing that's called like the tenants right / council you can look it up. But where I am ( Ottawa Ontario ) they can't refuse you, limit the number of pets yes but otherwise no

 

[FreedomKitty17]

Any idea where I can find more info about that?

Any idea where I can find more info about that?

Any idea where I can find more info about that?

If the rules for that apartment say no cats, then he can say no cats. He absolutely can tell you that you can't have a cat, but if you provide all needed papers hat prove he is a service animal, then they shouldn't be able to refuse that.