Do you live in a no pets building, but you see animals on the elevator? Do you live in a community that doesn’t allow farm animals, yet your neighbor has a pig?
The Federal Fair Housing Act, as well as most state laws, requires housing providers to make reasonable accommodations to allow Emotional Support Animals (ESAs), even in “no pet” housing, for owners and occupants with a verified disability-related need. There is an analysis that must be completed for the corporate Board to decide when such a request is made.
A proper analysis requires boards to balance the rights of individuals with disabilities against the association’s duty to enforce its governing documents. This includes evaluating whether the resident has a qualifying disability, whether the animal is necessary to afford the resident equal use and enjoyment of the housing, and whether the request is supported by reliable documentation.
Approval of an emotional support animal does not mean the association loses all ability to regulate the animal’s presence. Reasonable rules regarding behavior, noise, sanitation, and safety may still be enforced, and an ESA may be denied or later restricted if it poses a direct threat to others or causes substantial property damage. Because these requests are highly fact-specific, all parties involved are strongly encouraged to consult legal counsel before requesting, granting, or denying an ESA accommodation.
