Community associations frequently receive requests from residents seeking permission to keep an Emotional Support Animal (“ESA”) as a reasonable accommodation. These requests are governed by the Fair Housing Act (“FHA”), which requires community associations to make exceptions to pet rules when necessary to afford a person with a disability an equal opportunity to use and enjoy their home.

  1. When Is an ESA a Reasonable Accommodation?

Under the FHA, an association may ask two threshold questions:

  1. Does the resident have a disability? and
  2. Does the resident have a disability-related need for an assistance animal?

If the answer to both questions is yes, the resident is entitled to a reasonable accommodation, even if pets are otherwise restricted in the community.  If the disability is not obvious or known, the association may request reliable documentation, which is typically a short letter from a physician, psychiatrist, psychologist, counselor, social worker, or similar professional.  The association cannot request medical records, extensive medical history, or the resident’s diagnosis.

  1. Rules That Do Not Apply to ESAs

Pet rules do not apply to ESA’s. This means:

  • No breed, size, or weight restrictions.
  • No limits on the number of animals.
  • No pet fees or pet deposits.

Associations must evaluate each animal individually.  A well-behaved pit bull may be fully permitted, while a small dog that bites another resident can be restricted or potentially banned based on its actual behavior, not its breed.

  1. What the Association Can Do

Although the association cannot charge pet fees or deposits, it may charge the owner for any actual damage caused by the ESA. The association may also deny the request if:

  • The specific animal poses a direct threat to the health or safety of others; or
  • The animal would cause substantial physical damage to the property of others that cannot be reduced or eliminated by reasonable accommodations.

These determinations must be based on specific evidence about the animal, not speculation or stereotypes.

  1. Documentation Concerns

As you may know, there are online services that sell ESA “certifications” or “registrations” after brief questionnaires or interviews. These documents, by themselves, are not considered reliable for establishing a non-observable disability or disability-related need. Associations may request more credible, professional documentation when necessary.

  1. Types of Animals
  • If the animal is a common household pet and the resident provides appropriate documentation, the accommodation should be granted.
  • If the animal is a unique or exotic animal, the resident carries a higher burden to show a specific therapeutic need for that particular type of animal.
  1. Timing of Requests

Residents may request an assistance-animal accommodation before or after acquiring the animal. They may even request it after receiving a violation notice, though doing so may create an inference of bad faith.