Wisconsin has around 785,000 rental households, which works out to 25% to 30% of the total population. When you have so many families and individuals renting homes and apartments, you will eventually come across emotional support animals.
The last thing you want to deal with is an out-of-control puppy chewing on walls or biting passing kiddos in your development.
While the goal of an ESA is to help provide extra support, comfort, and companionship, these are not service animals. Service animals require specialized training, whereas ESAs do not. The trick is ensuring all the proper boxes are checked so your property, community, or tenants are not put at risk. Here is some of the information about assistance animal requests in Wisconsin you need to know.
Emotional support animal verification is necessary to ensure a quality tenant-landlord relationship and that the greater community of all your rental properties avoids conflict.
What are the ESA Verification Laws in Wisconsin?
Wisconsin pretty much aligns its state’s statutes with the current federal guidelines governing accepting ESAs and tenants. The animal management process is reasonably straightforward as long as you stay within the bounds of what is and is not acceptable.
For example, under Wisconsin State Law, Wisconsin Stat. § 106.50(2r)(brc), anytime you have a tenant with a disability and disability-related need for an assistance animal, you cannot deny them the opportunity to rent from your facility, cause the eviction of the individuals, or impose extra fees to house such an animal. This law also states that anyone misrepresenting a disability in order to obtain housing, may be subject to a $500 fine.
As the property manager or landlord, you may verify the assistance animal request to confirm that the potential renter has a disability-related need. You may confirm a few things:
- The potential renter has documentation from a licensed healthcare provider
- The potential renter has a disability - you may not confirm the type of disability, to protect the renter’s privacy
- The potential renter has a disability-related need for the animal
What is a reasonable accommodation?
The Fair Housing Act, from the Department of Housing and Urban Development, states an assistance animal request is a formal notice that a tenant needs the support of such an animal to cope with mental or emotional struggles – which is echoed in Wis. Stat. 106.50(1m)(IM).
The type of documentation involved with this letter confirms any disability and the necessity of the animal for treating or coping with that disability. This letter typically comes from a psychologist, social worker, or other healthcare professional.
This procedure is a little looser than federal law, but it means if your potential tenant can offer a reliable letter from a qualified health professional stating their disability-related need, you must grant them their accommodation. Emotional support animals are not classified as pets, so you cannot charge an extra fee or deposit.
It means if your potential tenant can offer a reliable letter from a qualified health professional stating their disability-related need, you must grant them their accommodation.
Can You Deny an ESA for Your Properties?
You can only deny someone with a valid assistance animal request when danger is imposed on yourself, your tenants, or your property. For example, you can deny the request:
- If you, as the landlord/property manager, live in the unit and you (or a direct member of your family) have an allergy to the proposed animal.
- If the tenant fails to provide reliable documentation.
- If allowing said ESA would impose additional financial hardship (unreasonable amounts of money, unreasonable repairs, etc.) on the property.
- If the specific animal poses a threat to anyone’s health or safety or would cause damage to the property.
The easiest way to remember Wisconsin-specific laws is if your tenant can show they have a disability and a disability-related need for the animal, you must rent to them as long as the animal doesn’t pose any harm to people or property.
How OurPetPolicy Helps Property Managers Comply with ESA Laws
Trying to keep up with shifting laws and regulations concerning animal management and your rental properties can be a real headache. Our team at OurPetPolicy makes that entire process by streamlining everything involved.
We provide the necessary technology for a total animal management solution. From a simple application process that welcomes new animals using a stress-free process to accurate verification of assistance animals, we’ve got you covered.
Every one of our processes is aligned with current HUD standards, ensuring you are properly protected when it matters most. In addition, we limit your liability and exposure to legal risks.
Sign up today and save crucial time by making the entire verification process quick and easy.
Final Thoughts
The Badger State is a beautiful place to rent and live. Stop losing sleep over whether the potential renter in 2B has reliable documentation for their emotional support alligator, and sign up for OurPetPolicy. Qualified tenants get the support they need. You get the protection to maintain and operate your properties.
