emotional support animals

December 2, 2019

CAI’s New Public Policy on Assistance Animals Offers Guiding Principles for Associations, Legislators

by Roberto C. Blanch

Roberto C. Blanch

The Community Associations Institute, the largest organization representing the interests of communities with associations, recently issued a new public policy titled “Assistance Animals and Pets in Community Associations.” The new policy recommendations, which were adopted by the organization’s Board of Trustees, serve as excellent guiding principles for associations and lawmakers on pet restrictions and assistance animal policies.

The policy recognizes the rights of residential community associations to regulate and adopt rules pertaining to pets and assistance animals, but it notes that such rules must guarantee the rights of individuals with disabilities to receive the assistance they need as mandated by state and federal laws. It will be used by the organization and its legislative action committees around the country to support legislation allowing associations to request documentation that verifies the need to accommodate for an assistance animal, and which imposes penalties for fraudulent requests for service or emotional support animals.

Assistance animals are recognized as deserving of reasonable accommodations for the qualified disabled under the federal Fair Housing Act. Assistance animals are not considered pets, according to the U.S. Department of Housing and Urban Development, which oversees the Fair Housing Act and investigates claims of housing discrimination. Continue reading

December 11, 2018

Article by Elizabeth Bowen in Today’s Daily Business Review: “Suit Against Association for Emotional Support Animal Denial Sends Message to Fla. Condos, HOAs”

by Siegfried Rivera

Siegfried Rivera

Firm shareholder Elizabeth A. Bowen authored an article that appeared as the “Board of Contributors” guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper. The article, which is titled “Suit Against Association for Emotional Support Animal Denial Sends Message to Fla. Condos, HOAs,” discusses the implications of a recent lawsuit by Broward County against a Lauderhill condominium association for alleged violations of fair housing laws over its denial of an emotional support animal for a unit owner. Her article reads:

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 ESAs also appear to be changing.

Frontier Airlines recently announced its new policy to allow only cats and dogs as emotional support animals. It joined Spirit Airlines, Delta Air Lines, United Airlines and American Airlines, which have all tightened their policies on ESAs this year. Publix also banned them from its stores and posted signs reading: “For food safety reasons, only service animals that are specifically trained to aid a person with disabilities are permitted within the store.”

These new policies and signs have raised awareness of the perceived abuse of ESAs by people trying to take advantage of federal disability laws in order to take their pets into businesses. As a result of the growing skepticism, community association boards of directors can easily fall into the trap of disregarding requests for accommodations for ESAs and summarily rejecting them.

A recent lawsuit by Broward County against a Lauderhill condominium association illustrates the potential pitfalls of such uninformed actions by associations. The county filed suit in federal court against the Environ Towers I Condominium Association seeking damages and injunctive relief for its alleged violation of federal fair housing laws as well as the Broward County Human Rights Act. Continue reading

May 25, 2018

HUD Expected to Issue Revised Guidance on Requests for Emotional Support Animals

by Roberto C. Blanch

Roberto C. Blanch

Some good news for community associations struggling with questionable requests for the approval of emotional support animals: The Department of Housing and Urban Development is expected to issue revised guidelines later this year focusing on ESA requests and approvals. According to The National Association of Realtors, the new guidelines should give landlords, property managers and community associations greater authority to verify that the need for such an animal is legitimate.

The NAR reports it has had separate conversations with HUD and disability rights groups. Senior Policy Representative Megan Booth recently told attendees at a conference that the disability rights groups have expressed concerns over the widespread abuse of requests for companion animals, as they believe it is already making it more difficult for residents with legitimate needs to receive the approvals they require.

It appears that the new HUD guidance will be specifically aimed at curtailing the use of online ESA certification mills.

February 12, 2018

Condo Should Weigh Pros and Cons of Variance for Dog Weighing Six Pounds Over Rule Limit

by Roberto C. Blanch

Roberto C. Blanch

A recent Florida case involving a condominium association and the dog of a 70 year-old army veteran and widower drew national attention after it was covered initially in the Orlando Sentinel. The newspaper’s reports chronicle how the association for the Orange Tree Village condominium is attempting to ban the dog because it weighs 41 pounds, which is six more than the maximum weight under its rules, and it may be a banned breed.

As a result of the association’s decision, retired veteran Robert Brady filed a complaint with the U.S. Department of Housing and Urban Development after an arbitrator determined he had to surrender the dog by Jan. 11. The federal agency is now looking into whether the association can force the long-time resident to surrender his emotional support dog.

The attorney for Orange Tree Village said that his office has received calls sympathetic to Brady, but his client must enforce its rules that were established to keep residents safe.

January 20, 2016

Turkeys Really Do Fly — In Planes!

by Siegfried Rivera

Siegfried Rivera

The myth that turkeys can’t fly was proven untrue after it was discovered that turkeys can actually soar up to 55 feet in the air. For longer flights, however, they fly like the rest of us – in coach or business class. Or at least emotional support turkeys do, anyway.

Fox News recently covered a story on a turkey that ruffled quite a few feathers on a Delta flight, and it wasn’t because passengers caught a glimpse of the flying fowl from their windows. The turkey – which was brought on the flight as a regular passenger with its own assigned seat and all – was allowed on the flight as an emotional support animal. The traveler who owned the bird was able to provide the airline with the proper documentation required, forcing Delta’s hand into printing a boarding pass for the poultry. But when is enough, enough?

The honest answer: who knows? Lately, it seems as if the use of emotional support animals is becoming more widespread. Community associations, which are commonly faced with this issue, have been fighting for stricter standards for years. In fact, communities with pet restrictions that have fought passionately against accommodating your regular cat and dog are now having to battle against allowing animals such as pigs and even kangaroos to enter their communities.

The real crux of the matter is that as people get more and more creative with their requests, the law seems to stay silent.

The important thing to keep in mind is that there are certain steps community associations can take to evaluate the service/emotional support animal request to ensure its legitimacy. Remember, there is certain information an association can and cannot ask for, and wrongfully denying a request for a reasonable accommodation may result in a costly and protracted legal battle. When in doubt, consult with qualified legal counsel to guide you through the evaluation process to make sure that you are not exposing your community to any liability – even if the end result means having a turkey as a neighbor.

Click here to read the report in the Fox News website.