Sample Cover
Letter
(send
to Board President and Property Manager)
[Your
Name
Address
City, State, Zip]
________________,
Board President or Property Manager
Name
and Address of Housing Association or Board
Date_______________
Dear
_____________:
I
am currently a homeowner in residence at [Name of Association, Address[ and am writing this letter to request an
accommodation for my disability as covered by the Fair Housing Amendments Act of 1988 and the
Rehabilitation Act of 1973.
While
I understand there may be a “no-pets” rule in effect, my physician (or mental
health counselor, clinical psychologist, or licensed clinical social worker)
has prescribed the use of an emotional support animal to mitigate the effects
of my disabling condition. As required
by federal and state law, I am requesting, as a reasonable accommodation, that you
waive any “no-pets” policy which may be in effect to accommodate my need for an
emotional support animal.
This
accommodation is requested in accordance with the attached letter from my
physician, who has prescribed, as necessary, an emotional support companion
animal for me.
On March
24, 2008, in response to a question regarding “…service animals and/or
emotional support animals in a ‘no pet’ building…” Attorney Gary Poliakoff, renowned expert in condo law, wrote,
"…The
Courts and the U.S. Department of Housing and Urban Development (HUD) have
interpreted the aforesaid requirement to allow not only trained service
animals, but also emotional support animals. Proposed HUD Rules on the
subject will vastly expand the definition of those pets allowed to such an
extent, that if approved, will pretty much eviscerate no pet
restrictions." (Palm Beach Post, Condominium Law Q&A, March 24,
2008 http://www.becker-poliakoff.com/pubs/articles/poliakoff_g/condo/poliakoff_20080324.pdf
As of
October 27, 2008, those proposed rules were in fact approved. To read the
entire text of the published rule approval, go to http://edocket.access.gpo.gov/2008/E8-25474.htm.
Highlights
of the text include the following:
1.
HUD reaffirms that it is the arbiter of Fair
Housing Act rules for people with disabilities. The Department of
Justice, which administers the Americans with Disabilities Act (ADA) has different rules related to "public
accommodations". HUD establishes rules relevant to housing
consistent with the Fair Housing Act. The rule approval discusses HUD's
authority at length.
2.
Per HUD, the Fair Housing Act does not require
a person to be certified as disabled to have a right to an
emotional support animal in their home. In contrast, per
3.
Per HUD, the Fair Housing Act does not require
an emotional support animal to have special training. The intrinsic
nature of the animal is the source of the emotional support - no special
training required. In contrast, under
In light of this
information, and the attached letter from my doctor, will you allow me to have my
emotional support animal?
Please
contact me by certified mail by 30 days from date of letter to confirm
approval of this requested accommodation.
If I do not hear from you by then, I will assume that you have approved
my request.
Sincerely,
{name, address]
Owner