Condo Boards & Companion Animals
A service animal is an animal – only a dog or, in rare cases, miniature horses – which is trained to perform one or more tasks directly related to a person’s disability. An emotional support animal (ESA) is an animal whose mere presence provides stability and comfort, but is not task trained. Federal and state law differentiate between these two categories of companion animals, but this does not automatically mean that an ESA or their owner will always lack rights. If you have an ESA and live in a community association, it is important to know your rights in case your association board attempts to discriminate.
ESAs Require More Documentation
The federal Americans With Disabilities Act (ADA) will usually require that a business, non-profit organization, or governmental building (which includes most condo associations) admit service animals along with their handlers, even if they have a no-pet policy in place – of course, service animals are not pets. The law surrounding ESAs is different, but ultimately has the same outcome in most situations; the requirement to admit ESAs is conditional, and comes from the authority of the Fair Housing Act (FHA), rather than the ADA.
In general, a person requesting accommodation for a service dog must receive it unless they lack evidence that the animal is truly a service animal (in other words, failing to show that their animal is task trained). Accommodations for ESAs must come with either an ‘observable’ disability, or documentation proving an invisible disability, and a showing that the animal’s presence alleviates the person’s symptoms. Condo associations and other housing providers can inquire deeper into a person’s need for an ESA than they can for a service animal.
Potential Fair Housing Act Claim
In all but the rarest circumstances, a person with a service animal must be accommodated. In most circumstances, a person with an ESA must also be accommodated, without subjecting them to fees or deposits or any kind of pet-related tax – these animals are not pets, after all. However, if a housing provider can establish that an animal poses a “direct threat to the safety [,] health … or property” of others, they can deny the accommodation, even if it would otherwise be considered reasonable.
If your condo board has denied a request for an ESA, it is crucial to remember that a refusal must be grounded in belief that the animal would be a direct threat. Any other stated reason for refusing a ‘reasonable’ accommodation can land your board in hot water – or, if you are active on the board, you may wind up individually on the proverbial hook for contributing to Fair Housing violations.
Contact A Tampa Condo Board Attorney
Litigation around service animals and ESAs is not uncommon in Florida, given the state’s number of disabled and/or elderly residents. If you or your board have questions or concerns about their rights, Tampa condo association lawyer Alicia Seward and the Seward Law Office may be able to help get them managed. Contact our office today to schedule a consultation.
Source:
adata.org/faq/i-heard-miniature-horses-are-considered-be-service-animals-ada-true
