Pet Restrictions

t is not unusual to see an association rule banning or limiting pet ownership. These bans have caused many owners to seek waivers of the rule through the use of a doctor’s note stating the pet will assist them with a disability. The trend is for Courts to favor the waiver when the pet is deemed medically necessary. Therefore, associations must carefully consider any request for a waiver of the pet rules when a medical purpose is claimed.

Fair Housing laws require associations to make reasonable accommodations to people with disabilities. In some cases, the accommodation with regard to pets is a clear and easy distinction to make. For instance, a seeing-eye dog for the visually impaired or a hearing dog for the deaf are clear cases where an accommodation would be made. In those situations, the disability is evident, making the decision an easy one. Where the determinations become more difficult are in situations where a service animal is beneficial to a person who has a condition that is not as evident to the association.For instance, many conditions have been shown to be improved by the use of a service animal, such as cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV, mental retardation, emotional illnesses, and drug and alcohol addiction. The association may ask for additional information to substantiate the disability and the need for the animal. However, if the disability is evident, you are not permitted to ask for additional information.

The information you can ask for includes 1) verification that the condition substantially limits one or more the person’s major life activities; 2) description of the needed accommodation; and 3) a demonstration of the relationship between the disability and the need for the accommodation. The association may require a licensed physician specializing in the disability to prove a statement that person suffers from the disability and to verify the need for the service or support animal and how that pet can assist the owner with the disability. This can help to curb and screen the non-medical requests of those just trying to get around the restriction on pet ownership.

The level of training of the animal is a subject of much debate. Formerly, the law stated that the animal had to be individually trained as a service animal, but this has been interpreted much more loosely in recent years. Some courts require training and skill as a service animal, while other courts are allowing pets with no special training to qualify. There is no clear decision as to what qualifies an animal for the exemption if a disability is shown to exist that would benefit from the animal.

It is important to note that if an association must make an accommodation, it does not have to ignore issues or nuisances raised by the animal’s presence. If the animal is aggressive or a nuisance develops where a dog barks incessantly or a unit owner fails to clean up after a pet, the association can still enforce the documents. Treat all pet requests with care and due diligence. Grant temporary waivers while you investigate and develop a standardized process for review of requests to help avoid discrimination claims from owners.

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