A family vacation turned sour for seven visitors from Kentucky all because of a service dog. The family says they were kicked out of their condo in Perdido Key because they didn’t have paperwork for the dog. Read the entire article……………………………….
HUD Provides More Guidance on Emotional Support Animals but Little Help for Association Boards Dealing with Accommodation Requests
Condo association attorneys had long been anticipating new guidance from the Department of Housing and Urban Development (HUD) dealing with emotional support animals. That guidance was finally issued in January 2020, but it fell short of the stricter requirements practitioners had wanted. Read the entire article……………………………….
HUD Provides More Guidance on Emotional Support Animals but Little Help for Association Boards Dealing with Accommodation Requests
Condo association attorneys had long been anticipating new guidance from the Department of Housing and Urban Development (HUD) dealing with emotional support animals. That guidance was finally issued in January 2020, but it fell short of the stricter requirements practitioners had wanted. Read the entire article……………………………….
Condo Association Board Member Defies “No-Pet” Rule With Emotional Support Animal In 55+ Community (FL)
A dispute between a non-profit condominium association, a property owner, and a back-peddling osteopathic physician has led to a lawsuit over the ownership of a dog in a 55-plus community. Lakeview of Largo South Condominium Association, Inc. has filed suit against Vince Lindberg, 58, and spouse Lina Lindbergh, 48, residing at 11945 143rd Street within […]
Association says ‘no cats allowed;’ HUD says that’s discrimination (CA)
Federal authorities have charged an Oceanside mobile home park with violating the Fair Housing Act by refusing to let a woman with mental health disabilities keep a cat as an assistance animal. Read the entire article……………………………….
HOA and Fairhope Veteran to go to court over service dog (AL)
A local veteran is suing his homeowner’s association after the HOA claimed he is not following the neighborhood rules when it comes to pets. The veteran who lives in Fairhope has a service dog. The issue is now going to court. Read the entire article……………………………….
Condo Q&A (FL)
Q: A tenant seeking approval to reside in our condominium has a dog weighing 60 pounds. We have a 30-pound limit on all dogs. When we denied the application because of the dog, the tenant then claimed that the dog is an emotional support animal and provided a letter dated after our original denial from […]
Updated HUD Guidelines Regarding Service and Support Animals and the Reasonable Accommodation……. (WA)
On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued long-await updated guidelines to housing authorities, such as condominium associations and homeowners associations, related to service animals, support animals, and reasonable accommodation requests. A reasonable accommodation request is a tool that residents use when seeking accommodation from their housing authority to […]
Reasonable requests: Regulating assistance animals in community associations
Close to 80 million U.S. households have an animal in their home. Pets come in all shapes and sizes and provide companionship to their respective families, but there also are assistance animals that play an important role in the lives of people with disabilities and mental health issues by helping with day-to-day activities or providing […]
What Community Associations Should Know About Assistance Animals
Close to 80 million U.S. households have an animal in their home. Pets come in all shapes and sizes and provide companionship to their respective families, but there also are animals that play an important role in the lives of people with disabilities and mental health issues by assisting with day-to-day activities or giving emotional […]
Understanding the Rights of Service Dogs & Emotional Support Animals in HOAs & Beyond
There are approximately 61 million adults living with a disability in the United States, and one of them may just be your neighbor. Increasingly, disabled individuals are provided the assistance of service animals who perform critical tasks to improve their quality of life. Read the entire article……………………………….
Iowa Supreme Court Brings Common Sense to the Emotional Support Animal Issue
The Supreme Court of Iowa came out with a big decision regarding emotional support animal law that I’m hoping Florida eventually follows as well. Karen Cohen vs. David Clark And 2800-1 LLC. This case involves a tenant with pet allergies who deliberately moved into an apartment building due to its no-pets policy. However, later on, […]
Florida’s Emotional Support Animal Statute – Part 3
It’s amazing when you think about it……. I get asked questions about emotional support animals all the time. I tell everyone that sometimes I can’t give an answer off the cuff. I would need to know more, it’s not that simple. Well, to prove that point, this is the third week in a row I’m […]
Florida’s Emotional Support Animal Statute – Part Two
Suppose an owner or a renter makes a request to keep an emotional support animal. Suppose further that the person’s disability is not readily apparent. What proof can the association ask for to prove the person is disabled? Read the entire article……………………………….
Florida’s Emotional Support Animal Statute – Part One
Florida now has a statute that clarifies what associations should and should not do when someone asks to have an emotional support animal in a “no pet” community. We will try to answer a lot of your questions over the next two or three weeks regarding what you can and cannot do when an owner […]
Pet restrictions revisited: Community associations continue to navigate pet restrictions as new Florida law addresses fraudulent emotional support animal claims and documentation
Our team previously wrote about pet restrictions in a 2014 article located here. Nearly six years later, pet restrictions continue to be a breeding ground for confusion, particularly with respect to fair housing and discrimination laws and as those laws relate to recent legislation which took effect in July 2020. Read the article……………………………….
Sit, Stay, and Learn: Assistance Animal and Virginia Common Interest Communities
Virginia common interest communities (property owners’ associations, condominium associations, cooperatives, and time-shares (individually, “CIC”, and collectively, “CICs”)), are subject to the federal Fair Housing Amendments Act of 1988 (“FHA”) and the Virginia Fair Housing Law (“VFHL”). Together, the FHA and VHFL prohibit discriminatory housing practices against individuals based on their race, color, religion, sex, national […]
Emotional Support Animals and Your Community
Alaska Airlines recently announced that as of January 11, 2021, it would officially ban Emotional Support Animals (ESAs) from its flights. The decision follows new US Department of Transportation (DOT) rules which gave airlines “control of the cabin” following “feedback from the airline industry and disability community regarding numerous instances of emotional support animal misbehavior […]
Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act
This notice explains certain obligations of housing providers under the Fair Housing Act (FHA) with respect to animals that individuals with disabilities may request as reasonable accommodations. Read the HUD Document (PDF)…………………………….
New Laws Regarding Emotional Support Animals (FL)
Other than political debate, perhaps nothing else evokes more of an “emotional” response than the issue of emotional support animals in a no pet community. While this is not a new issue, and has been discussed many times in this forum and others, new laws in Florida may affect how your community may handle a […]
Emotional Support Animals and Your Community (CO)
Alaska Airlines recently announced that as of January 11, 2021, it would officially ban Emotional Support Animals (ESAs) from its flights. The decision follows new US Department of Transportation (DOT) rules which gave airlines “control of the cabin” following “feedback from the airline industry and disability community regarding numerous instances of emotional support animal misbehavior […]
Condo questions: Are pit bulls allowed if its emotional support? (FL)
Q: Our governing documents allow pets but prohibit pit bulls. A person has submitted an application to lease a unit and indicated that he has a pit bull but claims it is an emotional support animal. Can we deny the lease application on the basis that the pit bull violates our rules? Read the article……………………………..
Breed restrictions of pets do not apply to emotional support animals (FL)
Q: Our governing documents allow pets but prohibit pit bulls. A person has submitted an application to lease a unit and indicated that he has a pit bull but claims it is an emotional support animal. Can we deny the lease application on the basis that the pit bull violates our rules? Read the Q&A………………………………..
Animal Accommodation Law: Case Roundup
Disability discrimination is one of the most common fair housing complaints, and it’s no surprise that HUD has filed several discrimination charges for denials of animal accommodation requests in the past few months. We’ve summarized the most notable cases: Read the article…………………………….
Emotional Support Animals in Community Associations: Complying with Federal & State Laws (IL)
When it comes to emotional support animals, things can become confusing very quickly for condominium, homeowner (HOA), and townhome associations. There are differences between an emotional support animal, a service animal, and a therapy animal. An emotional support animal provides comfort for people with a disability or medical condition. These animals are most oftentimes dogs […]
Competing Needs: Balancing Emotional Support Dog Requests and Resident Allergy and Anxiety Issues (IL)
Emotional support dogs (“Assistance Animals”) in “no-dog” buildings continue to raise sticky legal issues for community association boards and managers. As you will recall, the Illinois Assistance Animal Integrity Act (or “Act,” full text linked here) became effective on January 1, 2020. The Act mandates that if a community association receives an accommodation request for […]
An Emotional Support Animal – a Boxer – Lands Condo Board in Court (NY)
In an action sure to send shivers through co-op and condo boards across New York, the federal Department of Housing and Urban Development (HUD) has charged a Long Island condominium complex and its management company with discriminating against a disabled resident who claims the complex blocked her from keeping her two dogs as emotional support […]
5 Tips: Service Animal Classifications and HOA Pet Restriction Enforcement
An HOA Board has the duty to adopt rules known as covenants and restrictions. Those restrictions often include restrictions on HOA members owning pets. As an HOA Board member, you may wonder what is permissible especially with regard to service animal classifications and HOA Pet Restriction Enforcement. The following paragraphs explain what the classifications are […]
Condo Smarts: Strata council must consider doctor-prescribed companion pet (BC)
Dear Tony: I moved into my dream condo back in the fall of 2019 before the COVID-19 pandemic began. Since the limitations on gatherings and requirements for isolation started, I have struggled to emotionally survive. I finally decided to see my doctor who recommended I find a companion pet that would be beneficial for emotional […]
Court of Appeals Rules The Court’s Evidentiary Gatekeeping Role Applies to Evidence Presented to Support a Request for an Emotional Support Animal (MI)
On September 17, 2020, the Michigan Court of Appeals, in Riverbrook v Abimbola Fabode and All Other Occupants, ___ Mich App ___ (2020) (Docket No. 349065), issued a unanimous decision finding that the district and circuit courts “abandoned their roles as the gatekeepers of evidence under MRE 702” in rejecting a landlord’s attempt to challenge […]
Take a Bite Out of Fraudulent Emotional Support Animal Requests (FL)
One of the most difficult issues facing community association board members is how to evaluate and address requests for accommodations for emotional support animals (“ESA”). Often, mental disabilities are not as visible and obvious as many physical disabilities. Combine this with the number of websites and individual medical professionals that advertise to write letters after […]
Condo and HOA questions: Is the one pet rule overridden when it’s an emotional support pet? (FL)
Q: We recently received a request for two emotional support animals. Our documents only allow one pet per unit and the potential purchaser is threatening to file a discrimination complaint if we do not allow the dogs. When we asked for documentation, the owner only provided a registration certificate with a national support animal registration. […]
Mount Laurel condo association charged for denying disabled resident a service dog (NJ)
A Mount Laurel condo association has been charged with housing discrimination for allegedly not allowing one of its residents to have a service dog, the U.S. Department of Housing and Urban Development announced.
Faking Your Emotional Support Chicken in Florida Can Now Land You In Jail! (FL)
So, you’re exasperated after looking out your pet-free condo window for the umpteenth time to catch a glimpse of your neighbor walking by with—of all the nerve—her emotional support chicken. And to top it off, the chicken even has its own emotional support chicken! Your blood boils as she walks by. There ought to be […]
They May Be Coming After Your Emotional Support Animal (FL)
On June 24, Gov. Ron DeSantis signed Senate Bill 1084 into law, prohibiting housing discrimination for people with a disability-related need for an emotional support animal (ESA). In the ongoing battle between CONDO Associations /HOAs and residents with emotional support animals(ESAs) and service animals, this new law should crank up a number of disputes and […]
Legislative Update on Emotional Support Animals (FL)
On June 23, 2020, Governor DeSantis approved Senate Bill 1084, which made certain changes to Florida’s existing housing laws as they pertain to emotional support animals (“ESA”). The new legislation, which went into effect on July 1, 2020, aims to penalize: (i) individuals who falsify and/or provide fraudulent information in order to obtain documentation supporting […]
HOA Restrictions on Emotional Support Dogs in the Pool Area (CA)
Asked – Our Association does not allow pets in the pool area, but a resident has recently begun bringing her emotional support dog to the pool-side lounge area. Do we have to let the dog accompany its owner to the pool? Read the article………………………………….
Tribunal upholds Vernon strata decision to refuse emotional support dog (BC)
A former Vernon realtor has lost a Civil Resolution Tribunal after it ruled a strata council was within its rights to refuse a prospective buyer from having an emotional support pet, causing the sale to collapse. In the case, which appears to go against a recent Human Rights Tribunal ruling, the strata council at the […]
Finally! Florida Passes Emotional Support Animal Law
Finally, the Florida legislature passed a bill regulating the out of control problem of Emotional Support Animals in Florida’s community associations. SB 1084 was signed into law by Governor DeSantis on July 1, 2020, and takes effect immediately. The new law provides for the following Read the article…………………………
Emotional support dog didn’t have priority over tenant with allergies, state supreme court says
The Iowa Supreme Court ruled Tuesday that a no-pets building in Iowa City, Iowa, should not have allowed a new tenant to have an emotional support dog after an objection by another tenant with severe allergies. The court ruled 4-3 for tenant Karen Cohen in her lawsuit for breach of her lease’s no-pets provision and […]
DeSantis signs bill defining term ’emotional support animal,’ prohibiting discrimination (FL)
Governor Ron DeSantis signed a bill Tuesday that will define the terms “emotional support animal” and “housing provider.” SB 1084 will prohibit discrimination in housing being provided to someone who needs a support animal as well as prohibits health care practitioners from “providing information regarding a person’s need for an emotional support animal without having […]
Legal rights when living in a condo with your emotional-support animal (BC)
In British Columbia, the Strata Property Act governs the relations between stratas and their owners/tenants. This law says very little about what a strata may or may not do in relation to pets. All it says is that if you live with a pet in a condominium at the time a pet prohibition/restriction is passed, […]
Pet dog to remain with girl dealing with trauma, strata’s canine ban declared unenforceable (BC)
A young girl and her dog are going to stay together. A B.C. Human Rights Tribunal has declared uneforceable for her particular case a strata bylaw prohibiting dogs. The girl lives with her mother at a strata property, and she and her parent have told the tribunal that the dog is helping her get well […]
Justice Department Files Lawsuit Against Philadelphia Condo Association for Discrimination Against Persons with Disabilities (PA)
The Justice Department announced today that it has filed a lawsuit alleging that a Philadelphia condo association has violated the Fair Housing Act by discriminating against persons with disabilities who need assistance animals, including emotional support and service animals. Read the article……………………..
Session Ends and Long Awaited ESA Bill Passes! (FL)
We will be addressing the major bills impacting our CALL members in a series of separate alerts since there is a lot to discuss on each bill. In the first of the series, we are delighted to announce that SB 1084, the bill which takes the first step to rein in emotional support animal abuse, […]
Is that Alligator an Emotional Support Animal? (FL)
Well, the reason why we asked you here today is because recently, HUD came out with some new guidelines for emotional support animals and service animals. And that is a very hot topic in not only condominium in HOAs, but also in multifamily and residential properties with landlords. And, it’s been, kind of like the […]
Shuswap woman’s struggle with strata over therapy dog becomes human rights case (BC)
A Salmon Arm woman’s dispute with a strata owner over keeping a therapy dog has gone to the BC Human Rights Tribunal. The BC Human Rights Tribunal (BCHRT) has decided they will rule on allegations of discrimination against the woman by the owners and property manager at the strata where she lives. Read the article……………………….
HUD Issues New Guidance for Assistance Animals in Housing
Changes in public perceptions and levels of awareness of the issues surrounding emotional support animals have created a mandate for new state laws and federal policies. Earlier this year I wrote in this column about new measures being considered by the Florida Legislature as well as the U.S. Department of Housing and Urban Development. HUD […]
FHA Updates – Assistance Animals
The Fair Housing Act (“FHA”) prohibits a community association from discriminating against a person in providing services or facilities in connection with a sale or rental because of disability. Prohibited discrimination includes (1) a refusal to make reasonable accommodations; and (2) a refusal to permit reasonable modifications. Read the article…………………………..
Tenants Can Claim Support Animal Rights (FL)
Q: Our condominium documents do not permit renters to have pets. A new short-term renter in my building has a dog. When I asked the management company, I was shown a certificate for an “emotional support animal” that can be purchased online. It is my understanding that “emotional support animals” can only break a “no […]