Can A Condo Association Deny An Emotional Support Animal
Exercise yous have to allow emotional support animals in your condos?
Squirrels, rabbits, ducks—even the notorious Dexter the peacock.
When many of us remember of "emotional support" animals, we think of those headline-grabbing stories of the wacky and wild. However, for millions of Americans, animals can be a very existent source of comfort, oft eliminating the need for medication for anxiety, depression and a host of other afflictions.
But while the bulk of these animals are dogs (and not large birds with their own Instagram accounts), that doesn't necessarily make things easier for condo associations balancing a no-pets policy and the legitimate medical needs of residents.
So, what's the respond?
Service animal vs. emotional support animal
Start, permit's clear upward the departure betwixt an emotional support animal (ESA) and a service fauna. A service animal – such every bit a guide domestic dog – is extensively trained to help a person with some blazon of disability or physical limitation (unremarkably blind or deafened). These are not pets, and they're immune anywhere a person is immune; no condo can restrict these animals.
ESAs are still in a greyness area. While legal protections are solidly in place for service animals, the laws are however evolving for everything else. Even the definitions tin vary, simply the Humane Society describes them this style:
"The emotional and/or physical benefits from the fauna living in the home are what authorize the animal as an assist animal."
The organization fifty-fifty provides a few examples of ESAs (or what they deem "assistance animals"):
- "A cat who can detect and alerts their companion of oncoming seizures."
- "A dog who alleviates a person's low or feet."
- "A cat who reduces a person's stress-induced pain."
- "A bird who alerts their difficult-of-hearing companion when someone has come up to the door."
What rules do y'all need to follow?
Under the Fair Housing Act, the federal authorities ensures certain protections and rights to renters and buyers. Along with race, sexual activity, faith, etc., i of the protected classes is "physical or mental disability."
Yet, the burden falls on the unit owner to bear witness that the need for an ESA is legitimate and necessary. A resident must provide documentation from a licensed medical professional person that states the animal is indeed being used to treat or manage a concrete or mental health condition. The U.S. Department of Housing and Urban Development recommends that the most reliable documentation comes from a provider who really has a history of treating the resident asking for the accommodations.
As a landlord or condo lath that has to follow these federal laws, yous tin can't deny a request for "reasonable accommodations," even if you're not sure if the resident truly has a disability or medical status. Withal, the federal rules exercise permit you to ask for documentation of the condition, especially if it's not readily credible (which would exist the case for anxiety, depression and other mental health problems).
This due diligence is especially of import because fraud can happen. In fact, there are online sources that will provide this type of "medical documentation" with a few clicks and a pocket-sized fee. So, while you can't straight ask a resident well-nigh his or her mental condition, you should investigate the medical professional validating the need for a back up animal.
When can y'all say no?
Even if the need is legit, in that location are situations where you can deny the asking for an brute, such as when the asking would mean major modifications to the property, or if the fauna is causing substantial damage to the building or posing a safety threat to other residents.
Although as Chaser Benny Kass explains in the Chicago Tribune, sometimes the path of deprival may be more gamble than you're willing to assume:
"Lesser line: Review the facts carefully if the owner is challenge the need for an emotional back up animate being. However, if there is any doubt, accept the brute. It is a lot less expensive than having to face up a hearing claiming you lot violated the Fair Housing Act."
Even if you stop upwards assuasive the animal, you still have the correct to impose certain rules on keeping it—things like registering the animal, keeping it on a leash, licensing, etc.
The issue in full general is a moving target. In fact, the state of Missouri was recently considering some new legislation that would go far punishable for a tenant or resident to lie about needing an ESA just to get a special accommodation for housing.
If you're dealing with these types of requests, only remember to keep careful documentation of each step in the process, and closely communicate with your condo management partner to help you navigate the legal parameters.
That way you'll know for sure if you tin safely slam the door on Dexter the peacock.
Amelia Adamo is a holding manager at Copaken Brooks, a full-service commercial real estate firm headquartered in Kansas City and serving the Midwest. The visitor's full suite of services includes: condo management , belongings management , asset management , leasing (office, medical, retail, industrial and cloak-and-dagger), construction direction , investment conquering and sales , tenant representation and HQ relocations, and evolution . Share your thoughts on our Facebook page or on Twitter @CopakenBrooks .
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Source: https://www.copaken-brooks.com/emotional-support-animals-condos/
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