HOA Q&A: Do emotional support animals qualify under service dog status for condo living?
Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning and commercial transactions.
Q: I read the response from your firm on charging fees for emotional support animals. I would like clarification. Our condominium association had this same question, and our understanding was in the State of Florida that, we only had to follow federal and state laws on service dogs and that emotional support animals did not qualify under service dog status. -- W.G., no city given
HOA Q&A: Must homeowner associations allow 'emotional support' pets in a no-pet community?
A: First, it is crucial to understand the difference between “emotional support animals” versus “service animals” and the laws governing each. Section 760.27, Florida Statutes, prohibits the discrimination in housing provided to persons with a disability or disability-related need for an emotional support animal. Florida Statutes define an “emotional support animal” as “an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person’s disability.” Essentially, an emotional support animal is considered a companion animal that offers emotional support or assistance to an individual with a disability – these animals are not considered pets. In Florida, to qualify for an emotional support animal, a letter must be issued by a licensed health professional or physician verifying their patient’s need for a support animal. An emotional support animal can be any type of animal. Further, there is no requirement in Florida that an emotional support animal wear a tag or harness indicating that it is a support animal.
Unlike emotional support animals, which can be any species, service animals recognized by the Americans with Disabilities Act (“ADA”) are limited to specially trained dogs and, in some cases, miniature horses. Emotional support animals are not covered under the ADA and do not have the same legal protections in public places. However, both service animals and emotional support animals are covered by the Fair Housing Act (“FHA”). Additionally, section 413.08, Florida Statutes, governs the rights and responsibilities of an individual with a disability, the use of a service animal, prohibited discrimination in public employment, public accommodations, and housing accommodations, and associated penalties.
In the context of Condominiums and Homeowners’ Associations, even if there is a “no pets” policy, the Association may be required to provide an accommodation for an emotional support animal. Specifically, a person with a disability or a disability-related need must, upon the person’s request and approval by a housing provider, be allowed to keep such animal in his or her dwelling as a reasonable accommodation in housing, and such person may not be required to pay extra compensation for such animal. However, a housing provider may deny a reasonable accommodation request for an emotional support animal if such animal poses a direct threat to the safety or health of others or poses a direct threat of physical damage to the property of others, which threat cannot be reduced or eliminated by another reasonable accommodation. If a person’s disability is not readily apparent, section 760.27, Florida Statutes, provides guidance on reliable information that a housing provider may request that reasonably supports that the person has a disability, subject to limitations contained within the statute. Additionally, it is important to note that Florida law states that an emotional support animal registration of any kind, including, but not limited to, an identification card, patch, certificate, or similar registration obtained from the Internet, is not, by itself, sufficient information to reliably establish that a person has a disability or a disability-related need for an emotional support animal. It is recommended that your Association consult with a licensed Florida attorney to obtain guidance on the information that may be legally requested in regard to emotional support animals and service animals.
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Destiny Goede, Esq., is an Attorney at the Law Firm Goede, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
This article originally appeared on Treasure Coast Newspapers: HOA Q&A: How do emotional support animals differ from service dogs?
