Michigan may crack down on the fakes...Fake emotional support animals could land owners in jail under bill
Updated Dec 16, 8:06 AM; Posted Dec 16, 8:00 AM
A bill pending in the Michigan Senate would make it a misdemeanor to misrepresent an animal as an emotional support animal. Walter, a beagle, is not an emotional support animal. (Lauren Gibbons | MLive.com)
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By Emily Lawler
elawler@mlive.com
LANSING, MI - Michiganders trying to pass off pets as emotional support animals would face jail time and rental housing eviction under a bill introduced in the Michigan Senate in November.
Federal law defines a service dog as a dog individually trained to do work or perform tasks for a person with a disability. Emotional support animals are a different category altogether, one that hasn't been defined in Michigan law.
But Senate Bill 663 would change that, defining an emotional support animal as an "assistance animal that provides emotional support to a person with a disability who has a disability-related need for that support."
Under the bill, a person would need documentation from a physician to prove their emotional support animal was legitimate.
A physician would have to certify he or she had treated the person with a disability for at least six months, and upon request provide a notarized letter certifying the person was disabled and the emotional support animal was necessary "to alleviate the effects of the disability that would otherwise prevent the disabled person from having the same opportunities to use a public place or residence as a nondisabled person."
The bill, introduced by Sen. Peter MacGregor, R-Rockford, comes in response to requests from airlines and landlords, said Senate Republican spokeswoman Amber McCann. In some cases, she said, people are going online to pay for a certification that doesn't mean much.
"There are a number of entities that are cropping up to provide certification for that when it's really not a credible entity providing that certification," McCann said.
Those who fraudulently present an animal as an emotional support animal when it doesn't meet the conditions the bill spells out would be guilty of a misdemeanor and subject to up to 90 days in jail, a fine of up to $500, up to 30 days of community service and eviction by a landlord.
Similar penalties are already in place for those who misrepresent a dog as a service dog.
"If you're found to have fraudulently presented the animal as some sort of emotional wellbeing animal without proper certification, the landlord can remove you from your apartment if they only are allowing that based on this fraudulent certification and it is indeed found to be fraudulent," McCann said.
McCann said the concern was brought to MacGregor by airlines and people involved in the real estate industry, where landlords confront issues with emotional support animals.
The bill is pending in the Senate Local Government Committee. It would need to pass the full Senate, the full House and earn a signature from Gov. Rick Snyder to become law.
Updated Dec 16, 8:06 AM; Posted Dec 16, 8:00 AM
A bill pending in the Michigan Senate would make it a misdemeanor to misrepresent an animal as an emotional support animal. Walter, a beagle, is not an emotional support animal. (Lauren Gibbons | MLive.com)
432
6shares
By Emily Lawler
elawler@mlive.com
LANSING, MI - Michiganders trying to pass off pets as emotional support animals would face jail time and rental housing eviction under a bill introduced in the Michigan Senate in November.
Federal law defines a service dog as a dog individually trained to do work or perform tasks for a person with a disability. Emotional support animals are a different category altogether, one that hasn't been defined in Michigan law.
But Senate Bill 663 would change that, defining an emotional support animal as an "assistance animal that provides emotional support to a person with a disability who has a disability-related need for that support."
Under the bill, a person would need documentation from a physician to prove their emotional support animal was legitimate.
A physician would have to certify he or she had treated the person with a disability for at least six months, and upon request provide a notarized letter certifying the person was disabled and the emotional support animal was necessary "to alleviate the effects of the disability that would otherwise prevent the disabled person from having the same opportunities to use a public place or residence as a nondisabled person."
The bill, introduced by Sen. Peter MacGregor, R-Rockford, comes in response to requests from airlines and landlords, said Senate Republican spokeswoman Amber McCann. In some cases, she said, people are going online to pay for a certification that doesn't mean much.
"There are a number of entities that are cropping up to provide certification for that when it's really not a credible entity providing that certification," McCann said.
Those who fraudulently present an animal as an emotional support animal when it doesn't meet the conditions the bill spells out would be guilty of a misdemeanor and subject to up to 90 days in jail, a fine of up to $500, up to 30 days of community service and eviction by a landlord.
Similar penalties are already in place for those who misrepresent a dog as a service dog.
"If you're found to have fraudulently presented the animal as some sort of emotional wellbeing animal without proper certification, the landlord can remove you from your apartment if they only are allowing that based on this fraudulent certification and it is indeed found to be fraudulent," McCann said.
McCann said the concern was brought to MacGregor by airlines and people involved in the real estate industry, where landlords confront issues with emotional support animals.
The bill is pending in the Senate Local Government Committee. It would need to pass the full Senate, the full House and earn a signature from Gov. Rick Snyder to become law.