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 […]
What a new Illinois law about service animals means for condo associations (IL)
Effective Jan. 1, the “Assistance Animal Integrity Act” took effect in Illinois, supplementing existing federal law regarding reasonable accommodation requests for assistance animals (i.e., service animals and emotional support animals). Read the Q&A…………………………
Is Relief for Fraudulent Emotional Support Animal Accommodation Requests on the Horizon?
As so many community associations have encountered first-hand, the Florida and Federal Fair Housing Acts (FHA) require condominium and homeowners associations to grant exceptions (or a waiver) to pet restrictions in order to allow a person with a disability to keep an animal which alleviates one or more symptoms of that disability, but would otherwise […]
Beware the Heavy Hand: HOA board members and property managers can be personally liable for damages
Recently, a Federal District Court in Nevada made clear that homeowners associations, their boards of directors, and their management companies should ensure that their actions and omissions are reasonable, even when dealing with residents that may not be acting in good faith. This article summarizes a case where an HOA initially prevailed in the face […]
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 […]
Airdrie couple incensed by court decision to evict their ’emotional support’ dog (AB)
An Airdrie couple say they are frustrated after their condo board decided to evict their two-year-old cockapoo. “What I don’t understand is how people can go in your private home and tell you what you can have and what you can’t have anymore,” said Gerald Clayton. Read the article…………………………..
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…………………………
Snowmass Village HOA settles with federal government over housing discrimination complaint (CO)
The U.S. government has entered into a consent agreement with a homeowners association in Snowmass Village after a federal complaint alleged that the group violated the Fair Housing Act by denying an emotional support dog to a resident. Read the article…………………………..
New Michigan bill cracks down on fake emotional support animals in rental units
People trying to pass off pets as emotional support animals in order to avoid fees charged by landlords could be guilty of a misdemeanor under a bill that unanimously passed the House Regulatory Reform Committee on Tuesday. 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…………………………
Vancouver woman tells doctor she will jump off balcony if her dogs are taken away (BC)
A B.C. Human Rights Tribunal has received medical evidence indicating that a woman is at risk of suicide if she loses her dogs. Stephanie Kallstrom told her physician that she will harm herself if she cannot keep her three dogs at her condo unit. 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 […]
‘They adore him:’ Neighbors concerned about Jones County family using 2 goats as emotional-support animals (GA)
A Jones County family using two goats as emotional-support animals has some neighbors concerned. Miranda Adkison says her family has had two small goats since early summer. The family has lived in the Evergreen Plantations neighborhood for about 18 years. She says her father, Daniel Adkison, chose to use the goats for emotional l support. […]
New Assistance Animal Integrity Act Clarifies Requirements for Assistance Animals in Condominiums and Other Illinois Residential Housing
A new Illinois law that will take effect on January 1, 2020, will help condominium associations and other housing providers evaluate requests for emotional support animals and other assistance animals. Read the article………………………….
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 […]
Emotional Support Animals and Dangerous Dogs in Cooperative Apartment and Condo Communities
An emotional support animal (ESA) is a companion animal (typically a dog or cat) that provides therapeutic benefit to an individual with a mental or psychiatric disability. An ESA is not the same thing as a pet. Rather, for a resident of a co-op or condo who is living with a mental or psychiatric disability, […]
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 […]
Michigan Court rules that Homeowners Association did not violate Fair Housing Act in refusing fence for emotional support and service dogs
In Fox Bay Civic Assn, Inc v Creswell, unpublished opinion of the Court of Appeals, issued May 30, 2019 (Docket No. 343384), the Michigan Court of Appeals held that a homeowners association could enforce its deed restrictions banning fences and that a disabled owner could not erect a fence in order to keep her emotional […]
Ask a real estate pro: I can’t rent to pet owners, but do I have to allow emotional support animals? (FL)
Q: Our condo is designated pet-free in our community documents. I am about to rent and want to keep the apartment in good shape. If I include a no-pets clause in the lease, am I still forced to accept emotional support or service animals? Read the Q&A………………………….
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 […]
Community fed up with emotional support animal loophole (FL)
Q: My community is fed up with the emotional support animal loophole 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………………….
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 […]
Suit Against Association for Emotional Support Animal Denial Sends Message to Fla. Condos, HOAs
Emotional support animals have been in the news quite a bit during the last couple of years. There have been reports of airline passengers boarding with a peacock, hamster, pig, a duck wearing a diaper and a squirrel. As a result, companies have started to change their policies, and the public’s attitudes and perceptions toward […]
’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 […]