Service, Therapy & Emotional Support Animals In HOAs

Federal and state laws require homeowners’ associations to reasonably accommodate people that have disabilities and use service, therapy and emotional support animals. Such laws provide that persons with disabilities have the right to use the services of such animals in or around their dwellings and homeowners’ associations cannot impose breed and weight restrictions to restrict them from the community. (See HUD Position Letter dtd April 25, 2013). To prevent enforcement of an HOA’s pet restrictions, an individual must show: (i) that he/she has a disability; and (ii) the animal helps alleviate the disability.

Disability

A “disability” is defined as a physical or mental condition or impairment that is medically cognizable, and diagnosable, and that substantially limits one or more of a person’s major life activities. A person is substantially limited in major life activities if the individual is unable to perform the activity, or is significantly restricted as to the manner in which he or she can perform the activity as compared to the average person.

An HOA’s board of directors can require that an individual who requests an accommodation from pet restrictions due to a disability provide the board with proof of the disability and that the service animal in question is required to assist the disabled individual. Requiring proof of a disability does not mean the board can demand disclosure of the specific disability. Typically, the information that is needed would be supplied by the individual’s doctor in the form of a letter stating that the named individual has a disability and that the specific service animal is needed to assist that person with the disability.

Distinguishing Between Service, Therapy and Emotional Support Animals.

Service Animals. Service animals are defined by the Americans with Disabilities Act as any dog that is :