Emotional Support Animal Bill

NOTE: We have re-aligned our efforts to work instead on a different bill (see http://www.petsincondos.org/suggestedbills.htm#Current) for 2011, because of new federal HUD rules and because we found out that (regardless of the actual wording of Florida statutes on fair housing), Florida law is "functionally equivalent" to federal fair housing law. Local HUD Fair Housing Assistance Partner agencies (Broward County Civil Rights Division, The Miami-Dade County Equal Opportunity Board (MDCEOB) and Palm Beach County Office of Equal Opportunity) are actively administering the new HUD regulations.

The new federal HUD regulations "pretty much eviscerate no pet restrictions" according to attorney Gary A. Poliakoff. Read more here.

According to Michael Allen, fair housing expert (and author of Fair Housing Information Sheet # 6 Right to Emotional Support Animals in "No Pet" Housing, Bazelon Center for Mental Health Law), 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." 

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Click here to read the text of the draft 2007 - 2010 ESA bill.  This bill stated that people being treated for emotional/mental conditions have the right to have Emotional Support Animals, no matter what type of housing they reside in. It spelled out what kinds of medical and mental health professionals could document the need for an ESA. And it clarified that ESAs do NOT NEED SPECIALIZED TRAINING in assisting people with specific emotional/mental conditions.

HISTORY: We did not find a sponsor for the ESA bill for 2010, either in the Florida House or Senate. When we send out info on legislative efforts to our e-mail list we need ALL recipients to contact their legislators to ask them to sponsor the bills. Click here to find your legislators. That is the main purpose for having an e-mail list!

The Emotional Support Animal bill was dropped by state-level Senator Eleanor Sobel of Hallandale Beach just before the beginning of the 2009 Florida legislative session, due to early strong opposition by very organized association board/association attorney groups.  According to her aide, the opposition said “the bill was worded to keep condo boards out of the decision as much as possible.”

Florida State Representative Peter Nehr was the sponsor in 2008, but he did not find a sponsor in the Senate. In 2007, the bill was contained as part of the Condo/HOA reform bill sponsored by Florida State Representative Julio Robaina and Florida State Senator Alex Villalobos. In 2007, the bill was considered and passed through a number of committees, without any changes to the ESA portion, but never made it to the floor for a vote.

State Representative Julio Robaina and State Senator J. Alex Villalobos championed the ESA bill in 2007, as a part of the 2007 condo/HOA reform bill. The bill got through a number of committees, but never reached the floor of either house for a vote. That year, part of the problem was too many other serious issues to cover, following a horrible hurricane season. The legislature held special extra sessions to work on insurance and other issues.