[Board members of Citizens for Pets in Condos attended fair housing symposiums in Broward and Palm Beach last month to learn the latest fair housing law as it applies to allowing emotional support animals.  While our ultimate goal is to allow all responsible pet owners/guardians to have pets, we recognize that there are still issues getting association boards to comply with existing fair housing laws for people who need assistive animals.] 

Fair housing law in Florida (Chapter 760 of the Florida Statutes) is functionally equivalent to federal fair housing law.  That means that federal fair housing law [the Fair Housing Act, and the Fair Housing Amendments Act of 1988  (which adds people with both mental and physical disabilities as a protected class), and the HUD regulations which implement the Fair Housing Act] applies in Florida even if the wording is not specifically included in the Florida Statutes.  The 2008 HUD regulations covering emotional support animals are the law in Florida.  

The Florida Commission on Human Relations is the state-level agency for fair housing.  The local FHAPs (Fair Housing Assistance Partners) such as the Palm Beach County Office of Equal Opportunity  or the Broward County Civil Rights Division follow the same (federal) law.

Fair housing law most definitely applies to association-run housing, except in a few special cases:  for instance housing with four or less units.

If you go to HUD with a housing discrimination complaint, even if no cause is found, you can still bring your case to court as long as you file within two years.

Damages can be awarded in housing discrimination complaints (through the court system, not through HUD) up to $1.5 million.  You can go to court even when a case is being handled via HUD.

According to Michael Allen, fair housing expert* and featured speaker at the Palm Beach County Fair Housing Symposium last month, the definition of disability as it relates to housing is different from the stricter definitions used by Social Security or the Americans with Disability Act.  Allen said, "The Supreme Court says that 53 million people or about 1 in every 6 people would meet the meet the definition of disability under the fair housing law." 

Under the Fair Housing Act, you are protected if you:

·       have a mental or physical impairment ...which substantially limits one or more major life activities, or

·       have a history of such and impairment, or

·       are regarded as having such an impairment

Persons who are seeking a reasonable accommodation for an emotional support animal may be required to provide documentation from a physician, psychiatrist, social worker or other mental health professional that the animal provides support that alleviates at least one of the identified symptoms or effects of the existing disability.  Documentation of the need for an reasonable accommodation (eg. to have an emotional support animal) does not usually require medical records or detailed information about the nature of the disability. According to Allen, "When a resident makes a request and provides adequate documentation, there is little justification for a housing provider or association to demand "a second opinion.'"  

A reasonable accommodation (eg. to have an emotional support animal) may be requested during the initial application process, during the time you have residency and also when the association board seeks to have you remove your support animal.

Michael P. Seng, another presenter, said that fair housing law also applies to family members and care-givers.

*Michael Allen is the author of Fair Housing Information Sheet # 6 Right to Emotional Support Animals in "No Pet" Housing, Bazelon Center for Mental Health Law.