HOAs and Assistance Animals: What You Need to Know
Pets come in all shapes and sizes. They also provide companionship to their respective families. Still, animals play an essential role in the lives of people with disabilities and mental health issues by assisting with day-to-day activities or giving emotional support.
Condominium Associates summarizes what constitutes an assistance animal, laws and regulations that apply to their ownership, and the approach community associations can take to rules and regulations specific to these animals.
Federal Law Protects Owners of Assistance Animals
Did you know that almost 80 million U.S. households have an animal in their home? Some of these animals are more than just pets; these animals serve a greater purpose. Federal laws such as the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) and state and local laws govern assistance animals in community associations, including homeowners associations, condominiums, and housing cooperatives.
Different Types of Assistance Animals
Assistance animals fall into three different categories:
Service animals work or perform tasks for individuals with physical disabilities.
Therapy animals provide psychological or physiological benefits to individuals or groups in a clinical environment.
Emotional support animals provide comfort to people with mental health issues.
The FHA requires associations to make reasonable accommodations for people with disabilities who request an assistance animal. Any animal that provides emotional support or physical benefits to an individual can be an assistance animal without the training required. The U.S. Department of Housing and Urban Development enforces the FHA.
A Guide to Assistance Animals
Communities must recognize the rights of individuals with disabilities to receive the assistance they need within their homes. Also, associations must comply with federal laws guaranteeing these rights. The Community Association Institute's (CAI) Guide to Assistance Animals helps association boards learn the differences between assistance animals and applicable federal, state, and local statutes.
Federal Offenses involved with Assistance Animals
In recent years, there has been a rise in misrepresentations to access federal protections granted only to service animals. In response, more than 30 states have passed laws that make it a crime to fraudulently claim a person has the right to be accompanied by a service animal or to represent the pet as a registered service animal fraudulently. Click here to learn about Florida-specific assistance animal laws.
Contact Us
Please contact us if you have concerns about pets in your HOA. We at Condominium Associates is here to help your association learn more about assistance animals.