Say Good-Bye to Emotional Support Emus (CO)

In January 2020, United States Department of Housing and Urban Development released updated guidelines pertaining to Emotional Support Animals (“ESA”) under the Fair Housing Act (“FHA”). These new guidelines materially altered the previous guidelines relating to emotional support animals by changing the documentation requirement for emotional support animals and by changing the type of animal […]

HOA Homefront: Need an assistance llama? HUD says not so fast

Assistance animals are very important to certain disabled people. Under the federal Fair Housing Act and California Fair Housing Regulation section 12005(d), such animals are not pets, and housing providers — including HOAs — must make reasonable accommodations to permit such animals.   Read the article………………………….

New Guidelines From HUD Aid Boards Reviewing Requests For Assistance (MI)

On January 28, 2020, the U.S. Department of Housing and Urban Development (HUD) issued new guidelines clarifying how housing providers can comply with the Fair Housing Act (FHA) in reviewing an individual’s request for an assistance animal. These requests often prove to be tricky to navigate for both parties, as individuals may not understand what […]

Navigating New HUD Assistance Animals Guidelines

On January 28, 2020 the U.S. Department of Housing and Urban Development (“HUD”) issued new guidelines regarding “certain obligations of housing providers under the Fair Housing Act (“FHA”) with respect to [assistance] animals that individuals with disabilities may request as reasonable accommodations.” A copy of the new guidelines may be found at https://www.hud.gov/sites/dfiles/PA/documents/HUDAsstAnimalNC1-28-2020.pdf     Read […]

The top 3 things you must know about HUD’s new guidance on assistance and emotional support animals

On January 28, 2020, the Department of Housing and Urban Development (HUD) issued new guidance on how housing providers, such as condominium associations, homeowners associations and landlords, can comply with the Federal Fair Housing Act (FHA), 42 USC 3601 et seq. in evaluating requests for assistance and emotional support animals. HUD estimates that 60% of […]

New HUD Guidelines on Assistance Animals

Purpose:This notice explains certain obligations of housing providers under the Fair Housing Act (FHA) with respect to animals that individuals with disabilities may request asreasonable accommodations.There are two types of assistance animals: (1) service animals, and (2) other trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for […]

Boca Raton veteran told to muzzle service dog or move out (FL)

George Little has lived at Banyan Lakes at Boca Rio for five years but now, he says he’s being told to muzzle his service dog or move out.  “It is close to my work, close to my friends, and it is a good neighborhood and it is one of the places that I feel comfortable, […]

Snowmass couple gets $50K in service dog dispute with Creekside HOA (CO)

The Creekside Condominium Homeowner’s Association was ordered this week to pay $50,000 to a Snowmass Village couple after the HOA failed to allow a woman to stay at the complex with her service dog, a violation of the Fair Housing Act, the U.S. Attorney’s Office said Thursday.    Read the article…………………………

Assistance Animal Chart

CAI has published a chart to assist associations in delaing with assistance and support animals.  Read or download the PDF…………………………..

CAI Board of Trustees Adopts Public Policy on Assistance Animals

Last month, the CAI Board of Trustees adopted a new public policy, Assistance Animals and Pets in Community Associations, that recognizes and supports the rights of residential community associations to regulate and adopt rules pertaining to pets and assistance animals. These rules must guarantee the rights of individuals with disabilities to receive the assistance they […]

Can Co-op Boards Limit the Size of Support Animals? (NY)

A Bronx co-op board prohibits dogs larger than 30 pounds. When a shareholder asked if her brother could visit with his 70-pound emotional support dog, the board said no. Can a co-op board ban a support animal from visiting a shareholder because it exceeds the weight limit?    Read the article…………………………

You Get What You Pay For – Assistance Animal Application Packages

The complaint heard often from condominium and HOA board members is in regard to the influx of assistance animals in their “no pet” or pet restricted communities. Few other topics within the body of community association law cause more consternation then the application of the Federal, State and local Fair Housing laws. In fact, one […]

The Delicate Art of Culling Bogus Comfort Animals (NY)

Warren Schreiber is the long-time board president of Bay Terrace Cooperative Section 1 and a co-founder and co-president of the Presidents’ Co-op and Condo Council, which speaks for upwards of 50,000 co-op and condo residents in eastern Queens. So Schreiber is no stranger to political battles. But lately he’s been seeing a new kind of […]

Temple of the Dog: Understanding “Assistance Animals” in Community Associations (NJ)

In May 2018, New Jersey Attorney General Gurbir S. Grewal and the Division on Civil Rights (“DCR”) announced the settlement of two separate disability discrimination cases, both involving residents who were denied permission to keep emotional support animals by their respective govern-ing boards.1 In one case, a condominium association paid $10,000 to resolve allegations that […]

Staying Out of the “Dog House” – How to Handle Reasonable Accommodation Requests Under the Fair Housing Act (FL)

Owners living in pet restricted communities are becoming increasingly frustrated when they see other owners walking a dog or taking their dog to the pool. While it may feel like these owners are “breaking” the rules it is important to remind our frustrated owners that community associations are considered housing providers under the Federal Fair […]

Service Animals & Emotional Support Animals in HOAs: Rules, Laws, and Rights

Animals are very much a part of our families. Most of us enjoy animals as personal pets but for some, animals provide important service. There is a fine line between service animals, emotional support animal, and pets. Understanding the difference is important for enforcing pet restrictions in your HOA. Associations must follow federal laws yet […]

Federal law allows for service animals in HOA (NV)

Q: I am being constantly harassed with doctored-up photos taken of my door. I have one active service dog — a white German shepherd named Snow. I have a retired service dog who is 13½ years old. She has hip problem. And I have a 5-year-old military retired police dog.   Read the Q&A…………………

CAI Calls on HUD to Clarify Emotional Support Animals

Navigating the Fair Housing Act’s assistance animal accommodation requirements can be tricky for community associations. This becomes more difficult when individuals attempt to circumvent association pet rules by falsely claiming a pet as an emotional support animal.    Read the article……………………

Special Client Letter – Requests For Reasonable Modifications And Accommodations And Emotional Support Under The Fair Housing Act (MD)

Over the years, many clients have asked our office to provide guidance concerning homeowners’ requests for reasonable modifications and/or accommodations under the Federal Fair Housing Amendments Act of 1988 (the “FHAA”). And, more recently, as you may have seen in the news, there is a significant increase in the use of emotional support animals (“ESAs”) […]

Law Review: Take care when refusing entry of service animal (NV)

I have written in earlier columns about the importance of honoring a request made by a disabled person for a guide dog, signal dog or service dog. Apparently, a certain homeowner association did not get the message.  A new Nevada case, Sanzaro v. Ardiente Homeowners Association, underscores the point.    Read the article……………………..

Co-op Board Bitten After Denying Request for a Service Dog (NY)

Enforcing a no-animals policy, it turns out, is no simple matter. In recent years, a growing number of co-op shareholders and condo unit-owners have asserted their right to have a service or support animal in their apartment as an accommodation for a physical and/or mental disability – even in buildings that prohibit animals. When the […]

Will emotional-support animal fraud ever be curtailed? (FL)

Q: My community is fed up with the emotional support animal loop-hole used to get around the pet rules in our community. Most of us see it simply as fraud. Will this abuse ever stop or at least be curtailed?  Read the Q&A………………………..

HOA violates the Fair Housing Act by denying a service animal in the clubhouse

In Sanzaro v Ardiente Homeowners Association, et. al., Docket No. 2:11-CV0-1143-RFB-CWH, 2019 WL 1049380 (D Nev, March 5, 2019), a federal court imposed a judgment of $350,000 in compensatory damages, $285,000 in punitive damages and awarded the plaintiffs attorney’s fees and costs against their homeowners association. Based upon the facts of the case, the court […]

Service Animals in Your Community Association – “Can They Do That?

When it comes to association rules and bylaws, there seem to be more questions than answers. Becker’s video series, “Can They Do That?” tackles some of the unique problems that homeowners and renters face today. We answer questions, no matter how far-fetched they may seem. From service animals to nudists in your community, we get […]

Owner Fights Condo Over Emotional Support Dog

It was recently reported in the media that a Vancouver woman is fighting her strata association to keep her dog, Ember, which she claims is an emotional support animal. The owner, who has suffered from mental health afflictions since childhood says that she was able to stop taking medication after adopting Ember. She provided a […]

Pennsylvania man says emotional support alligator helps his depression

A Pennsylvania man says his emotional support alligator helps him deal with his depression.  Joie Henney, 65, said his registered emotional support animal named Wally likes to snuggle and give hugs, despite being a five-foot-long alligator. The York Haven man said he received approval from his doctor to use Wally as his emotional support animal […]

Emotional Support Animals

With the growing popularity of emotional support animals, condominium associations are increasing forced to confront the issue of whether or not to permit emotional support animals to reside in units at associations that do not allow pets. Emotional support animals differ from service animals in that service animals are specially trained animals that assist people […]

“My Dogs. My Rocks. My Emotional Support,” Abandoned Pet Rescue

Single, 50 years old and the human to two small canines, I cannot help but turn to my four-legged loved ones for just about everything on the emotional spectrum. “Zoey” and “Kiwi” are unconditionally present for me during times of happiness, sadness, or when I feel upset, anxious, or fearful. Anyone who has had the […]

No Pets Allowed: Accommodating Pets in Housing and Public Places

Anyone who has had the honor of sharing their life with a dog can relate to the experience of looking into your fur-baby’s eyes and feeling a sense of calm. In fact, research has revealed that petting a dog for a short period of time may actually lower blood pressure.[1] So, does this type of […]

Emotional Support Animal (FL)

The following is a paraphrased example of the one question that we are asked most frequently:  “I live in a condominium, which has had a “no pet amendment” since it was built. A person recently purchased a unit and has been seen with a dog that barks all the time. The owner signed all the […]

’Fair housing’ creates challenge to remove aggressive neighborhood dog (NC)

In the Chapman house, four-legged friends are part of the family. Like their dog Bailee.  “He loved his walks,” Jennifer Chapman says.  But on a recent walk, they say Bailey was attacked by the Rottweiler across the street. He didn’t survive.  “I immediately tried to pull him, and started screaming,” Chapman says. “[The dog] went […]

HUD Brings Disability Discrimination FHA Charge in New Jersey Related to Restrictions on an Assistance Animal

Late last month, the U.S. Department of Housing & Urban Development (HUD) charged a condominium association in New Jersey with disability discrimination in violation of the federal Fair Housing Act (FHA). According to HUD, the complaint asserts that the condominium required that a resident (with vision and hearing impairments) use the service door (as opposed […]

Livestock as Emotional Support Animals

The City of Calgary recently amended its Responsible Pet Ownership By-law to include farm animals as emotional support animals. This will allow farm animals such as chickens, sheep and pigs to live in residential dwellings as long as certain conditions are met:    Read the entire article…………………..

Broward County sues Lauderhill condominium association for rejecting resident’s emotional support animal request (FL)

Broward County this week filed a lawsuit against a Lauderhill condominium association after the association allegedly denied a resident’s request for an emotional support animal.  The lawsuit, filed by Broward County Attorney Andrew Meyers, accuses Environ Towers I Condominium Association of violating the Fair Housing Act and the Broward County Human Rights Act. The case […]

Emotional Support Animals and the FHA: What Community Associations Should Know

In a previous post, we discussed Dexter the (almost) flying emotional support peacock. In this post, we turn our attention to Maybelline the emotional support pig in the great state of Florida. Maybelline is at the center of a dispute between her owner and her owner’s HOA. The owner claims that she suffers from certain […]

Service Animals: FFHA, ADA, and Your HOA

Federal laws can be sticky when it comes to HOA fair housing. Although the Federal Fair Housing Act was significantly revamped in 1998, there are still a surprising number of board members and managers who don’t have a full understanding of how the FFHA applies to them. One area of particular concern in any HOA […]