Q. I live in a 40-unit condo building, which has had a ‘no pet amendment’ since 1980. A woman recently purchased a unit and has been seen with a dog that barks all the time. She signed all the disclosure forms that stated “no pets,” but gave the board a note from a nurse practitioner […]
Rules set for boy with autism to keep ducks (MI)
Georgetown Township officials laid out a series of restrictions Wednesday to allow a 12-year-old boy with autism to keep the ducks he uses for therapy……..The family said it will work with its homeowners’ association to implement the ducks. Read the article………………
HUD Considering New Emotional Support Animal Guidelines to Crack Down on Abuse
Many community associations’ governing documents contain pet restrictions, sometimes prohibiting them all together. Most owners residing in such communities expect they will not encounter a pet not permitted to reside in the community. However, these assumptions are quickly becoming less common with the increasing number of requests for an accommodation by owners wanting to keep […]
Service Dogs and Other Animals (CO)
Federal and state laws protect the rights of disabled individuals who need service dogs in places of public accommodation. Unfortunately, some individuals took advantage of the service animal laws to allow their pet to accompany them. As of March 15, 2011, only dogs (and miniature horses in rare situations) qualify as service animals under the […]
Condominium Board Wins Dispute Over Emotional-Support Dog
Requests to keep emotional support animals in condominiums with pet restrictions appear to be on the rise, and condominium boards are generally well advised to grant reasonable accommodations in order to avoid running afoul of state and federal fair housing laws. Read the article…………………………
Association Myths Debunked: Emotional Support and Service Animals
Property Managers and Board Members oftentimes ask how to adequately handle matters involving Emotional Support Animals (“ESA”) and Service Animals. This issue typically arises within Associations with a “no dog” or “no pet” policy when an individual requests an accommodation to these policies for an ESA or Service Animal. Given the heightened sensitivity needed for […]
Emotional support animal debate comes to a boil at Racine’s lakeside condos (WI)
A lakefront condominium complex and its residents are grappling with seemingly conflicting federal and state laws regarding the hot-button debate surrounding assistance animals. Earlier this summer, John Miller, 49, and his girlfriend, Tia Cao, had two dogs living with them at Lakeshore Towers, 333 Lake Ave. The dogs, both Pomeranians weighing less than 10 pounds […]
Handling Support Animals in an HOA Neighborhood
What do turkeys, monkeys, pigs, and ducks all have in common? Believe it or not, all of these animals have been in the news lately for joining their owners on airplanes as emotional support animals. While we’re not downplaying the importance of emotional support animals for their owners, today we’re highlighting a hot topic in […]
Assistance Animals and the ADA: What Community Associations Ought to Know
Many may recall the recent story about the airline traveler seeking to bring an emotional support peacock (Dexter) on board an airplane. While the story received much national publicity, the reality appears to be that assistance animals and emotional support animals are becoming more commonplace in everyday life. Stories such as Dexter’s present some interesting […]
Association Myths Debunked: Emotional Support and Service Animals
Property Managers and Board Members oftentimes ask how to adequately handle matters involving Emotional Support Animals (“ESA”) and Service Animals. This issue typically arises within Associations with a “no dog” or “no pet” policy when an individual requests an accommodation to these policies for an ESA or Service Animal. Given the heightened sensitivity needed for […]
The Unstoppable Rise of the Emotional Support Animal (NY)
A shareholder at a pet-free Manhattan co-op assumed that the dozen dogs in the building were service animals, vetted by the management company’s lawyers – but was shocked to learn they’re emotional-support pets. Why is the co-op obligated to accept animals that are not licensed service dogs despite its no-pets policy? Read the article………………
Disability & Dogs: Has the Pendulum Swung Back?
A few years ago there was a lot of talk of a Superior Court case involving a woman and her dog. There was a 25 lb weight restriction. Her dog was well over 25 lbs. The woman initially claimed she needed the dog for her work with autistic children, but later claimed she needed the […]
Service Animals and Your HOA
Having a community that does not allow pets can be a great thing for residents who are allergic to animals, have a fear of animals, or simply dislike the noise and the mess that pets can leave behind. However, there can be tension when someone with a service animal wishes to live in the community. […]
Virginia Offers Guidance For Confirming That Medical Verifications for Emotional Support Animals Are Legitimate
It is clear that just about all (if not all) of the federal, state, and local fair housing agencies are dealing with the exponential growth of online medical verifications for emotional support animals (ESA’s). I have addressed any number of ESA issues in this space. Professional apartment management companies continue to look for the appropriate […]
Emotional Support Animals Leave Many Condo Associations Howling
Over the last five years, one of the most significant areas of concern for Florida condominium associations, especially those with no-pet policies, has been the rise in requests by occupants for associations to provide “reasonable accommodations” in their rules and regulations by permitting an emotional support animal (ESA). Read the article…………..
Dexter the Peacock – Service Animal? Pet? Soul Mate?
I walk my two very friendly dogs—a black lab and a yellow lab—in public places regularly. We encounter lots of people who are afraid of dogs. I’ve been more aware of how people respond and react to dogs recently because of all the media and attention related to service animals, assistance animals, and emotional support […]
When Calling a Pet an ‘Emotional Support Animal’ Crosses the Line (NY)
In an age of increasing global anxiety over any number of potentially incoming disasters, one can be forgiven for seeking refuge where they can get it. And for some condominium and cooperative residents, this has taken the form of an emotional support animal. According to the ADA Network, emotional support animals are not considered service […]
Ontario Human Rights Decision – Service Dog in Condo
In a recent case, Pollock v. Wilson, a condominium resident went to the Ontario Human Rights Tribunal (the ”Tribunal”) alleging that another resident discriminated against her because of disability and her receipt of social assistance payments. The applicant had a specially trained service dog to assist her in living with Type 1 diabetes and received […]
Michigan Senate Bill 663: Michigan cracks down on fake emotional support pets
On November 28, 2017, Senator Peter MacGregor introduced Senate Bill 663, which would criminalize a fake request for an emotional support pet or service animal. Requests for emotional support pets and service animals continue to increase under the Federal Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. […]
Connecticut Laws on Service Dogs and Emotional Support Animals
Under the federal Americans with Disabilities Act (ADA) and Connecticut’s public accommodations law, people with disabilities have the right to be accompanied by their service animals in restaurants, hotels, stores, theaters, and other places that are open to the public. Connecticut’s law is more limited than the ADA, because it covers only dogs that assist […]
Real Estate Your condo association prohibits pets, but you need a ‘comfort’ animal. What do you do?
Your condominium rules prohibit pets of any kind except fish and birds. A unit owner asks the board of directors to allow them to keep a dog because they need the comfort the animal gives them. What should the board do? First, the board has to understand the difference between a “service” animal and a […]
Accommodating Service Dogs in Condominiums (ON)
In a recent case before the Ontario Human Rights Tribunal (Latendresse v. CCC No. 8), a condominium resident alleged that the condominium corporation had discriminated against him with respect to occupancy of accommodations because of a disability. The corporation’s rules required that residents carry or use a carrier to transport animals in the common elements. […]
Obtaining Prescriptions for ‘Therapy Pets’ Is Easy; Rejecting Accommodations Based on Them Is Not
We face many challenges in life. Obtaining a doctor’s note certifying the need for an emotional support animal isn’t one of them. And for condo association board members and managers, this is a source of considerable and increasing frustration. Read the article……………
Pets Allowed: My Unusual Emotional Support Animal
Marc Philippe Eskenazi tests out which New York City establishments with previously strict human-only policies will allow in his menagerie of emotional-support animals. Watch the video…………..
Service Animals And Your Condominium Or Community Association
As a professional community manager for the past two decades, I have seen a rapid growth in the number of service animals within condominium and community associations. Currently, about 79.7 million households – or 65 percent of all households in the United States – include pets, and 42 percent of those have more than one […]
Online Harassment and Risk of Liability Under Fair Housing Laws
My colleagues and I have blogged about the importance of recognizing requests for reasonable accommodations/modifications, carefully and thoughtfully considering them, and properly responding in a timely manner. We like to think our posts on this topic have helped a few association boards make better decisions, but if the case discussed below is any indication, more […]
How Should the Association Handle Emotional Support Animals in Individual Units
The law that applies to accommodations for an emotional support animal is primarily the Fair Housing Act (“FHA”). Please note that the American with Disabilities Act pertains to the state and federal government being prohibited from discriminating against people with disabilities in public places. It does apply to some types of housing situations, but is […]
Fair Housing Act – Emotional Support Animals
A very instructive case was decided last month in a Federal Appeals Court which will demonstrate almost everything not to do with respect to compliance with the Fair Housing Act relative to emotional support animals. This case dealt with a suit brought by two emotionally disabled unit owners in a condominium community that had a […]
Third Circuit: neighbors who criticized condo residents over emotional support dogs must face civil rights suit
In blog posts and comments, two residents of a Virgin Islands condominium complex criticized two other residents who were (in line with rights prescribed to them under federal law) keeping emotional-support dogs despite a no-dog rule in the complex. Among other statements, one or the other of the two said dog owners would be “happier […]
Accommodating disabilities: What medical evidence is required?
It is well known that condominiums owe a duty to accommodate persons with disabilities. It is less clear, however, what constitutes adequate proof of a disability. Ambiguous medical notes containing no meaningful details are often the only documentation given to condo boards and managers, who must decide whether the legal threshold for disability is met. […]
A No-Pet Policy Is Not Enough
There is no shortage of scams people use to get a bogus “support pet” into a no-pet building, and there are ways to keep them out. But every co-op and condo board needs to treat every “reasonable accommodation” request seriously. Failure to do so can lead to disastrous lawsuits. Read the article…………..
Clearing the Air On Companion Animals: What Property Managers Should Know
While the multifamily housing industry has become pet friendly, some furry friends are catching the ire of property managers. Residents who attempt to bring their pets on property under the guise of them being companion animals are leaving some apartment operators fearing fair housing issues if they don’t comply. In a spirited conversation recently […]
Where Do Condo, Homeowner Associations Stand on Emotional Support Animals?
Picture, if you will, a young man named John. He lives in your association-controlled community. John bravely served in the U.S. Army and received the Distinguished Service Cross for his extraordinary heroism in active duty. Upon John’s return home, he finds himself traumatized by his experiences at war. His trauma causes him to suffer from […]
Aspen service-dog suit settles (CO)
An Aspen woman’s discrimination lawsuit against a condominium association and a property-management firm over her use of a service dog is on the verge of being settled. Court papers introduced earlier this month indicate plaintiff Natasha MacArthur has reached an agreement with defendants Aspen View Condominium Association, two of its board members and First Choice […]
Airplane Passengers Fall in Love With Emotional Support Duck Accompanying Owner With PTSD
Meet Daniel Turducken Stinkerbutt, aka Daniel the Duck. He’s an emotional support animal for 37-year-old Carla Fitzgerald, who has been battling post-traumatic stress disorder ever since a bad accident in 2013. Daniel rose to fame this weekend when he accompanied Fitzgerald on two airplane flights — one from her hometown of Milwaukee to Charlotte, North […]
What You Need to Know About Service Animals in Your Community
Service dogs can help individuals with a variety of disabilities enjoy a greater quality of life and assist in performing daily tasks. What happens when your association’s policies and the need for a service animal conflict? The short answer is, if a service animal is needed and used as outlined by the Americans with Disabilities […]
Associations Should Utilize Proper Vetting Protocols When Considering Service and Emotional Support Animal Requests
Disagreements over service animals have consistently ranked among the most prevalent types of disputes that arise between community associations and their residents. In South Florida alone we have witnessed numerous investigations concerning discrimination claims —many of which still serve as stark reminders of the severe implications of mishandling requests for service animal accommodations. Read […]
Companion Pets and Service Animals: How Do You Determine a Reasonable Accommodation?
Probably the biggest point of tension for any condo, HOA or co-op board is a pet ban. Enacting one can be a heated affair, leading to fights and arguments throughout the building community, but maintaining a ban on pets can also result in a massive headache. “I wish I could say otherwise, but the abuse […]
Home Owners Associations: Beware of the Fair Housing Act When Enforcing Pet Prohibitions and Restrictions
Associations have restrictions that either prohibit or limit the number, size, and type of pets that can be kept within the community. In general, as long as a restriction prohibiting or limiting pets is clearly drafted, the North Carolina courts will uphold their enforcement; however, they may not be enforceable under the Federal Fair Housing […]
Who Let the Dogs Out?
Many condominium and community associations are receiving increasingly frequent requests from residents to keep dogs and other “assistance animals” in communities that do not allow pets. Where pets are allowed, the requests are often for dogs that are much larger than the maximum weight limit, or are for a prohibited breed of dog, such as […]
Judicial Follies: Companion fish
Some years ago, the California Supreme Court decided a case involving a woman who was forced to give up her two house cats to comply with rules adopted by her condominium association that prohibited pet ownership. Not all pet ownership, however; the association’s rules allowed “birds and domestic fish.” But not cats. This gave a […]
HUD – Service and Assistance Animals (Large PDF)
http://communityassociations.net/wp-content/uploads/2016/05/servanimals_ntcfheo2013-01.pdf
HUD’S Fair Housing Decision Upheld by First Circuit Court of Appeals
The U.S. Department of Housing and Urban Development announced today that it has won an important Fair Housing Act victory in the United States Court of Appeals for the First Circuit. The decision upheld a Final Order of the Secretary of HUD following a trial before an administrative law judge that a condominium association discriminated […]
The Rules for Allowing Pets in ‘No-Pet’ Buildings
When determining whether an owner’s pet qualifies for admittance in a “no-pet” building, cooperatives and condominiums must be extremely careful to follow the federal, state, and city fair housing laws governing how far a board can go when investigating and denying an animal’s entrance. Federal prosecutors in the Southern and Eastern Districts of New York […]
It Just Got a Little Tougher to Be Pet-Free
A service founded by Eisenstein called the Emotional Support Animal Center helps pet lovers locate a mental health professional who, for a $150 fee, will assess them and provide a letter that can then be presented to property management companies, co-op and condo boards, stating that the person requires a support pet. Read the article………….
Memo clarifies ADA
Q: We live in a villa home. Our community has a private golf course and similar recreational facilities. Our local association has a “no pet rule.” We are told that the ADA requires us to permit pets even if we have a rule to the contrary. This does not make sense to me. Can you […]
Can a Python Be an Emotional Support Animal?
Can snakes, the animal commonly known for instilling panic upon sight, actually help to ease anxiety? According to snake owner Darla McGinnis, they can. WCVB-Channel 5 (ABC) in Boston recently covered a story about McGinnis and her fight with the City of Council Bluffs, Iowa, which currently has a ban on its residents having snakes […]
It Is Possible to Ban Bogus Support Dogs (NY)
When the co-op board first learned about the shareholder’s dog – kept in defiance of a long-time pet prohibition – they also learned that the dog was purportedly a “therapy dog,” a trusted companion that a resident claims is vital to his or her mental health. The directors didn’t believe her – and forced her […]
Legal Update: Recent Statutory Changes Impacting Service Animals in Michigan
On October 20, 2015, Governor Rick Snyder signed into law Senate Bills 298 and 299 and House Bills 4521 and 4527, which became effective January 18, 2016. The Bills updated rules on the use of service animals in places of public accommodation, as well as, the identification and licensing of service animals and criminalizing certain […]