Supporting “Support” Animals

(from Condo Law, Gary A. Poliakoff column, Hi-Riser, June 4, 2009)

Q: Our association does not allow pets. We Provided the association with a doctor's note 11 months ago, stating we are allowed to keep pets because my husband has
clinical depression. Recently, he association sent us a letter saying we need to remove our Pets' We are not entirely sure of its motive, as we already provided a note'.

We feel we are being singled out unfairly. Is Providing a doctor's note for depression sufficient? Our condo consults its lawyer?

A: The Fair Housing Amendments Act of 1988 requires an association to make reasonable accommodation to its rules and regulations to allow "handicapped"

individuals full use and benefit of their units. Making an allowance for a trained service animal is a no-brainer' Permitting untrained pets as "emotional support" animals

is less clear.

That said, the U.S. Department of Housing and Urban Development and the courts are increasingly inclined to permit pets when a doctor, in writing, recommends

a pet as a means of lessening the impact of depression, anxiety and other debilitating illnesses The doctor who is writing the letter in support must provide details as

to his or her experience in the field of the alleged handicap and explain how the pet will help symptoms.

Got condo questions? E-mail: mailto:condocolumn@becker-poliakoff.com