Quote:
Posted By BrianB on 02/18/2008 8:04 AM
JC3: the law you cite in http://www.usdoj.gov/crt/ada/svcanimb.htm would not be applicable to most HOA's, as it stems from the ADA. In general, the ADA does not affect HOAs (mine, for example, is not covered by the ADA)
Do you have another source that makes your point that an HOA cannot require proof of need? One that would apply to the HOA's not under the scope of the ADA?
Here's a little more that might help with that policy you are trying to write: This was a result of a google search for gee, of all things, "fair housing act and emotional support animals" http://www.mhas-la.org/fhtip1.html#tip3 It says in part,
Granting a resident's request for a reasonable accommodation isn't just "nice" -- it's the law. The law provides an established guideline to help housing providers determine when a requested accommodation is "reasonable" and must be granted.
The first question a housing provider must ask when faced with a request for an accommodation is whether the person requesting the accommodation has a disability as defined in fair housing laws. The housing provider may ascertain this by requesting that the individual provide verification from a medical or social services provider that he meets the statutory definition of disability and needs the particular accommodation. If the disability is obvious, there is no need to request documentation. The provider must not, however, inquire into the nature, severity or other details of the person's disability.
For example, if a resident requests permission to keep an emotional support animal with him in spite of a "no pets" rule, the housing provider may request documentation that the resident has a covered disability that is alleviated by the presence of the animal. The provider must not ask what the disability is, but she may ask why the presence of the animal would be helpful. This is a very fine line with which providers must be careful.
So, "DISABILITY" is defined in fair housing law. AND, The housing provider may ascertain this by requesting that the individual provide verification from a medical or social services provider that he meets the statutory definition of disability and needs the particular accommodation. If the disability is obvious, there is no need to request documentation. The provider must not, however, inquire into the nature, severity or other details of the person's disability. (But I repeat myself.)
This appears to closely fit what I said earlier regarding service animals: a business can ASK 3 questions: Are you disabled, is that a service animal, what task(s) is it trained to mitigate your disability?
You cannot ask for medical documentation (I do, however, and it says simply, "service animal for ambulation". It does NOT give any indication of what my disability is, because the LAW does not require me to tell you my medical history.
Department of Justice Technical Assistance Letters:
Service Animals in Housing: Even though service animals are not specifically mentioned in the Fair Housing Act and its regulations, it is likely that the Act would at times require that service animals be allowed in a housing facility in order to afford a disabled individual fair use and enjoyment of the facility.
You're also right that ADA would not generally be part of an HOA, but might be the law as to common areas. I am far from an expert on the law, I live in a sfh hoa, and attempts to deny me my civil rights even if you start with someone across the country upsets me.
I also suggested that the OP (and Donna) check with ADA and the people at the FHA offices and ask them to guide them in writing their no pets policy.