Emotional Support Animals

Started by AliH • 8 replies • 1648 views

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AliH (Colorado)
Posts: 7

Posted:

We are a 56 unit condominium complex of 14 buildings of four. Renters are not allowed to have dogs. In the last year we've had three owners claim their tenants have emotional support dogs who are not subject to the no renters with dogs rule. The problem is growing and I expect more. We, the board, want to know what we can ask and/or do about this and still comply with the FHA? As I understand it, landlords can ask for a letter stating the tenant needs the emotional support animal. Can we, the board, ask for that letter? Can we ask anything else? How are other associations handling emotional support dogs?

TimB4 (Tennessee)
Posts: 21,061

Posted:

Yes, you can ask for that letter.

See earlier thread: Subject: Service/Therapy Dogs (started 8/3/16)

That thread has many links of information and comments from many on this site.

AliH (Colorado)
Posts: 7

Posted:

Thanks for your reply. I think that link refers to service animals. As I understand it, service animals are trained to perform tasks for a disability. Emotional support animals aren't necessarily trained for anything & have fewer "rights."

TimB4 (Tennessee)
Posts: 21,061

Posted:

The information and opinions within that thread apply to both service and therapy(emotional support) animals.

MarkM31 (Washington)
Posts: 351

Posted:

It could just about be argued that the majority of dogs and cats are emotional support animals

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By MarkM31 on 08/11/2016 8:56 PM
It could just about be argued that the majority of dogs and cats are emotional support animals

Sure they are, but that's not a legally protected class.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By DaveD3 on 08/11/2016 9:43 PM

Posted By MarkM31 on 08/11/2016 8:56 PM
It could just about be argued that the majority of dogs and cats are emotional support animals

Sure they are, but that's not a legally protected class.

May be true.

However, it's not relevant if they are protected or not.
The Fair Housing Act simply states that one may ask for a note from the persons Dr.

If one wishes to contest the note received, then they would have to go through the courts otherwise, they should honor the note regardless if they think it's a scam or not (as it's unlikely that the Board is qualified to determine medical requirements).

PitA
Posts: 1,416

Posted:

believe it or not, from HUD:

Sample letter for Companion Animal

As per: http://www.hud.gov/offices/fheo/PIRC/DocumentsAbstracts/Disability-Law-Center-R8/Letters/DLC-Animal-Letter/Sample-letter-for-Companion-Animal.doc

DATE

NAME OF PROFESSIONAL (therapist, physician, psychiatrist, rehabilitation counselor)
ADDRESS

Dear [HOUSING AUTHROITY/LANDLORD]:

[NAME OF TENANT] is my patient, and has been under my care since [DATE]. I am intimately familiar with his/her history and with the functional limitations imposed by his/her disability. He/She meets the definition of disability under the Americans with Disabilities Act, the Fair Housing Act, and the Rehabilitation Act of 1973.

Due to mental illness, [FIRST NAME] has certain limitations regarding [SOCIAL INTERACTION/COPING WITH STRESS/ANXIETY, ETC]. In order to help alleviate these difficulties, and to enhance his/her ability to live independently and to fully use and enjoy the dwelling unit you own and/or administer, I am prescribing an emotional support animal that will assist [FIRST NAME] in coping with his/her disability.

I am familiar with the voluminous professional literature concerning the therapeutic benefits of assistance animals for people with disabilities such as that experienced by [FIRST NAME]. Upon request, I will share citations to relevant studies, and would be happy to answer other questions you may have concerning my recommendation that [FULL NAME OF TENANT] have an emotional support animal. Should you have additional question, please do not hesitate to contact me.

Sincerely,

Signature

[NAME OF PROFESSIONAL]

MichelleK5 (New York)
Posts: 161

Posted:

I know plenty of people that had their dogs certified emotional support animals so when they fly, their dogs can sit in the cabin with them.

I'm betting in less than a decade- when enough people take advantage of the lenient regulations, stricter laws will come into play.
For now, I agree with Tim. Honor the note and let it go regardless of your personal opinion. A doctors note will trump what an HOA board presumes any day.

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