Article | Internet-Bought Animal Verification: Fraud? | Part Two - HUD Actions
Dec 01, 2021
'Stop Internet Animal Verification Fraud!' HUD to FTC
HUD's Letter
As discussed in the first article in the series, conscientious providers of housing are deeply concerned with the right of residents who need accommodation to rules because of disabilities. One accommodation to no-pet rules that many persons with disabilities benefit from is an allowance to have assistance animals. These may address physical or emotional needs. Many of our clients have asked about apparently predatory websites that sell "verification" or "certification" of assistance animals relating to disabilities. We did an investigation on one of these websites, which we concluded was almost surely fraudulent, as documented in the first article of this series.
Usually, a person can secure one of these animal "certifications" by filling out a short questionnaire, or perhaps after a brief interview. No truly reliable diagnosis is provided. Many reasonable persons have concluded that these certifications often are unreliable or even fraudulent. It is interesting that HUD shares these concerns. In 2019, HUD's Secretary asked the Federal Trade Commission to explore the issue of possible fraud. Some of the comments in a letter making this request are below. Some of the language in the letter may also be helpful for those trying to develop a policy that ensures reliable verification while not being overly restrictive, as allowed by HUD and the Department of Justice guidance.
“These certificates are not an acceptable substitute for authentic documentation provided by medical professionals when appropriate...These websites that sell assistance animal certificates are often also misleading by implying that they are affiliated with the federal government. Nothing could be further from the truth. Their goal is to convince individuals with disabilities that they need to spend hundreds of dollars on worthless documentation to keep their assistance animal in their homes...These certificates are not an acceptable substitute for the authentic certification received from medical professionals and the websites are misleading because they often imply they are affiliated with the federal government. Nothing could be further from the truth...These websites are using questionable business practices that exploit consumers, prejudice the legal rights of individuals with disabilities, dupe landlords, and generally interfere with good faith efforts to comply with the requirements of the Fair Housing Act.”
In a press release, HUD Assistant Secretary for Fair Housing and Equal Opportunity, Anna Maria Farías provided further details.
"Websites that sell verification for assistance animals take advantage of persons with disabilities who need a reasonable accommodation to keep their assistance animal in housing. This request for FTC action reflects HUD’s ongoing commitment to protecting the housing rights of persons with disabilities.”
The letter asks the FTC to investigate these websites for compliance with federal laws that protect consumers from unfair and deceptive acts or practices. HUD also identified at least one website that contains the seal of HUD without authorization.
A press release and a copy of the secretary's letter can be found HERE.
As discussed in the first article in the series, conscientious providers of housing are deeply concerned with the right of residents who need accommodation to rules because of disabilities. One accommodation to no-pet rules that many persons with disabilities benefit from is an allowance to have assistance animals. These may address physical or emotional needs. Many of our clients have asked about apparently predatory websites that sell "verification" or "certification" of assistance animals relating to disabilities. We did an investigation on one of these websites, which we concluded was almost surely fraudulent, as documented in the first article of this series.
Usually, a person can secure one of these animal "certifications" by filling out a short questionnaire, or perhaps after a brief interview. No truly reliable diagnosis is provided. Many reasonable persons have concluded that these certifications often are unreliable or even fraudulent. It is interesting that HUD shares these concerns. In 2019, HUD's Secretary asked the Federal Trade Commission to explore the issue of possible fraud. Some of the comments in a letter making this request are below. Some of the language in the letter may also be helpful for those trying to develop a policy that ensures reliable verification while not being overly restrictive, as allowed by HUD and the Department of Justice guidance.
“These certificates are not an acceptable substitute for authentic documentation provided by medical professionals when appropriate...These websites that sell assistance animal certificates are often also misleading by implying that they are affiliated with the federal government. Nothing could be further from the truth. Their goal is to convince individuals with disabilities that they need to spend hundreds of dollars on worthless documentation to keep their assistance animal in their homes...These certificates are not an acceptable substitute for the authentic certification received from medical professionals and the websites are misleading because they often imply they are affiliated with the federal government. Nothing could be further from the truth...These websites are using questionable business practices that exploit consumers, prejudice the legal rights of individuals with disabilities, dupe landlords, and generally interfere with good faith efforts to comply with the requirements of the Fair Housing Act.”
In a press release, HUD Assistant Secretary for Fair Housing and Equal Opportunity, Anna Maria Farías provided further details.
"Websites that sell verification for assistance animals take advantage of persons with disabilities who need a reasonable accommodation to keep their assistance animal in housing. This request for FTC action reflects HUD’s ongoing commitment to protecting the housing rights of persons with disabilities.”
The letter asks the FTC to investigate these websites for compliance with federal laws that protect consumers from unfair and deceptive acts or practices. HUD also identified at least one website that contains the seal of HUD without authorization.
A press release and a copy of the secretary's letter can be found HERE.
HUD Takes Further Action - FHEO Notice 2020-1
In January of 2020, HUD's Office of Fair Housing and Equal Opportunity (FHEO) followed up with Notice 2020-1. It laid out an 8-step process to determine if an animal is appropriate for a person with disabilities. Most of the content was not new, but it did explicitly address the matter of potentially fraudulent verification under the heading Documentation from the Internet. It said:
"Some websites sell certificates, registrations, and licensing documents for assistance animals to anyone who answers certain questions or participates in a short interview and pays a fee. Under the Fair Housing Act, a housing provider may request reliable documentation when an individual requesting a reasonable accommodation has a disability and disability-related need for an accommodation that are not obvious or otherwise known (see Joint Statement, Q & A 18 (May 17, 2004), at https://www.hud.gov/sites/documents/huddojstatement.pdf.) In HUD’s experience, such documentation from the internet is not, by itself, sufficient to reliably establish that an individual has a non-observable disability or disability-related need for an assistance animal.
By contrast, many legitimate, licensed health care professionals deliver services remotely, including over the internet. One reliable form of documentation is a note from a person’s health care professional that confirms a person’s disability and/or need for an animal when the provider has personal knowledge of the individual."
The notice also included a segment Guidance on Documenting an Individual’s Need for Assistance Animals in Housing. This and an Appendix with assistance animal FAQs provide information written in a way that will make sense to qualified professionals from which we seek verification of the need for accommodations. We have observed that a self-affidavit from households as to how they obtained the verification, based directly on the language of the Notice, often reveals that the verification does not fit HUD's description of "reliable." An owner may then invite the person to provide alternative documentation from a person who actually can provide accurate documentation of the need. Then, the Guidance and Appendix from the Notice can be provided to help assist the process and secure reliable information.
Supporting the right of persons with disabilities to Fair Housing accommodations that they need for equal enjoyment is a very important legal obligation that good owner/agents take seriously. Doing so in a way that does not support a predatory and fraudulent "ESA Verification" industry is worth the effort. HUD's help is certainly welcome.
Looking for quality online on-demand Fair Housing training? Check out Fair Housing Fundamentals and Fair Housing Fundamentals for Maintenance Professionals. More information on these courses is HERE.
There is a very good chance that the topic of this post is covered in an online on-demand course at Costello University.
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