Page 6 - New England Condominium January 2022

6 NEW ENGLAND CONDOMINIUM
-JANUARY 2022
NEWENGLANDCONDO.COM
MANAGEMENT
‘Pandemic Pets’ in Multifamily Communities
Rules vs. Reasonable Accommodation
BY DARCEY GERSTEIN
The coronavirus crisis has forced many that animal through the property’s common
unwelcome changes on households around areas: the hallways, lobbies, elevators, vesti-
the world—but it has also allowed or in-
spired some to make lifestyle choices that ongoing pandemic keeping people at home,
were impractical or otherwise out of reach that means more interactions between pets,
before. One such choice has been to acquire their owners, and their neighbors. An unruly
a pet. With travel restricted, and working and or aggressive pet in an enclosed space (like
schooling largely happening at home, house-
holds across the country decided that if there also problematic for someone who’s highly al-
was ever a time to add a furry (or feathered, or lergic to fur or dander. And while vaccination
scaly) friend to the family, this was it.
But for the 74 million Americans who live in common areas are de rigueur, there’s still a
in communities managed by homeowners pandemic on; many residents are understand-
associations or cooperative corporations, ac-
cording to estimates by the Community Asso-
ciations Institute (CAI), bringing a pet home pups and their owners trying to get outside
involves considerations that those in detached, for morning walkies.
single-family homes don’t have to contend
with. For one thing, many communities sim-
ply prohibit pets altogether. Of those that do boards, claims for special accommodations
welcome pets, most have rules—which resi-
dents agreed to follow upon becoming a unit been trending upward in condo associations
owner or shareholder—limiting the species, and co-ops around the country for the last
breeds, sizes, or number of animals residents several years, starting around 2015. Jim Yost,
can harbor in their homes, as well as registra-
tion requirements and rules about where the Services, LLC and managing partner of Ocean
pets are allowed to be on the property. And Property Management Corporation based
it’s a given that no pet may interfere with the in Wildwood, New Jersey, says he thinks the
habitability or quiet enjoyment of their neigh-
bors’ homes.
Along with the rules, there are practical animals riding in the cabin— specifically their
considerations for would-be pet owners, too. distinctions (or lack thereof) between official
In many multifamily communities, having a service animals, ESAs (also known as ‘comfort
pet—especially one that needs to go out sev-
eral times a day like a dog—requires taking classifications between airlines have resulted
bules, outdoor paths, and so forth. With the
an elevator or stairwell) is a big problem; it’s
rates are improving and mask requirements
ably un-thrilled at the prospect of crowded
elevators and lobbies full of rambunctious
Pet, or Emotional Support Animal?
According to managers, attorneys, and
for emotional support animals (ESAs) have
owner of Elite Management and Advisory
uptick may be linked to commercial airlines
changing or clarifying their policies around
animals’), and pets. He suspects that different
in a lot of conflation of terms given the governing documents at time of
and willful misuse of the var-
ious designations.
First, let’s get those dis-
tinctions out of the way. The
Americans with Disabilities sel with New York City-based law firm Lasser
Act (ADA) defines service Law Group, the only questions or “proof”
animals as dogs (and
only
that can be asked of a person requesting an
dogs as of March 15, 2011, accommodation for an assistance animal are
although there are separate for “documentation supporting the existence
provisions for certain minia-
ture horses) that are individ-
ually and specially trained to sist in that disability.” Such documentation,
do work or perform specific says Stiell, can include a letter from a licensed
tasks for people with disabili-
ties in direct relation to those vidual. There is no nationally recognized ESA
specific disabilities, such as a “registry” or organization that provides an of-
guide dog for someone with ficial ESA “designation” or “certification.” (No,
legal blindness, or an alert not even from the internet.)
dog for someone with a sei-
zure disorder. Dogs whose questions or unduly rejecting a request for an
sole function is to provide ESA accommodation can open boards up to
comfort or emotional sup-
port do not qualify as service state anti-discrimination and human rights
animals under the ADA. However, multifam-
ily buildings and communities are subject to must be vetted for legitimacy, and approvals
rules and guidelines of the U.S. Department only given when the accommodation does
of Housing and Urban Development (HUD) not interfere with the housing rights or safety
and the federal Fair Housing Act (FHA). No-
tably, HUD does include animals that pro-
vide emotional support in its definition of handled a suspicious medical letter submitted
“assistance animals,” and distinguishes those as documentation for a resident’s ESA accom-
animals from “pets” if that support “alleviates modation request: “The board notified the au-
one or more identified effects of a person’s dis-
ability.”
These laws require housing providers to board,” he says. “The author immediately re-
make “reasonable accommodations” for per-
sons with disabilities in order to enjoy equal the request for the emotional support animal
and fair use of their housing. A reasonable was withdrawn.”
accommodation might include an exemption
to an association’s or corporation’s ‘no pets’ or ESA, or a service animal, “If the animal in
‘no dogs’ policy, or a waiving of fees required question were a type of animal that was
under a policy that does allow certain ani-
mals. An accommodation may be considered cause of a health code limitation, or because
unreasonable if it “would impose an undue the animal was disruptive or dangerous or
financial and administrative burden on the caused a lot of damage,” then it is no long
housing provider or … would fundamentally considered “reasonable” to accommodate that
alter the nature of the housing provider’s pro-
gram.” According to HUD, such determina-
tions “must be made on a case-by-case basis” the building, or to the residents of the build-
and can take into account factors specific to a ing.”
given residential situation.
Yost says that there are plenty of examples ommended claim for an animal companion,
of people taking undue advantage of this law. Yost strongly advises anyone seeking ESA
“In the associations that have pet prohibi-
tions,” he says, “people have attempted to cir-
cumvent them: They bring a pet in, and when board approval
they’re caught, claim it’s a service animal. Even associations and corporations with
And that poses a problem, because buyers are longstanding pet-friendly policies typically
purchase, including specifically the Pet Pro-
hibition Amendment. So they can’t say they
didn’t know.”
According to Heather Stiell, senior coun-
of the claimed disability, and the need for an
emotional support animal to alleviate or as-
mental health professional treating the indi-
Stiell explains that asking inappropriate
civil liability and penalties under federal and
laws. But by the same token, such requests
of other residents. As an example, Yost relates
how one Southern New Jersey condo board
thor of the letter that they were submitting the
correspondence to the State medical oversight
tracted their supporting correspondence, and
Similarly, adds Stiell, whether a pet, an
deemed to be unsafe or unsanitary, either be-
animal. “Buildings are not required to accept
an animal if it would pose an undue burden to
Aside from having a valid, medically rec-
accommodations to make that claim, pro-
vide the proper documentation, and receive
before
obtaining the animal.