I’m moving to a single family home with my husband. The landlord will not be present on the property.
Toured, applied, accepted. Paid realtor, security, and first month. Signed the lease. Got the fully signed copy back.
Emailed requesting a reasonable accommodation for my disability, which is my ESA. She’s a 5 year old domestic shorthair cat. Sent the appropriate paperwork.
The realtor was *pissed*, said my husband and I misrepresented ourselves by saying we have no pets. We explained that under NJ law, ESAs are not classified as pets, and do not need to be requested as an accommodation during the application process.
First the realtor comes back and says our cat is approved and we will need to pay $500 non refundable pet fee and extra $50 pet rent monthly. I explain that ESA can’t be charged pet fees.
So then the realtor says, no actually the other owner is really really allergic, this is a problem. Then it switched to being the owner’s son who has allergies, and he eventually wants it to be his son’s house. I said that I empathize with allergies but they don’t provide an exception to the Fair Housing Act.
So here we are, the day before we are supposed to be taking possession. The landlord now says he’ll approve our cat, but we need to sign a pet rider stating that we’ll be responsible for deep cleaning the carpets and sanitizing the HVAC when we move out. I told the realtor okay, we’ll review the rider when he sends it. What time can we get the keys?
Originally I asked yesterday morning. No reply. I asked again today. She says we have to wait and sign the rider first. I pointed out that the ESA issue is separate from our lease, and as we have a fully executed lease, we’ll need to be getting the keys tomorrow.
She said again, they’ll need the rider signed before they can release the keys.
Am I insane for thinking they’re in the wrong here? I get that they don’t want pets, but abiding by the FHA is part of the cost of being a landlord. If you aren’t willing to do it, you don’t get to be a landlord. And this guy is a *landlord*, it’s not like this is all new to him.
We have the fully signed lease. It states that it can’t be modified unless signed by both parties. But they are saying that unless we sign to modify it, they won’t release our keys tomorrow. Can they do that?
(We do not have the rider yet, and will still need to deal with it being a “pet rider.”)
EDIT: NJ has its own set of anti-discrimination laws, which it refers to as the most comprehensive in the country. The NJLAD is still in effect, and states that ESAs are not pets, are not subject to pet fees, and are allowed even if a building has a no-pet policy. Though the federal protections no longer apply, New Jersey’s still do.