Citizens for Pets in Condos

If the rules have changed after you already have a companion animal in your home, you should be protected by a grandfather clause, according to the State of
Florida Condo Ombudsman.

Unfortunately the only other thing you can do at this point in time, if you qualify, is to get a "doctor's letter"
to have an emotional support animal. Be sure to call your animal an emotional support animal and NOT a pet.
The Americans with Disabilities Act defines both physical and emotional disabilities. A disability is defined
as a physical or mental impairment that substantially limits one or more major life activities.
Both emotional support and service animals can be prescribed by your doctor or therapist.

Whenever you contact your association and/or the management company, do so in writing. Send a note
in the form of a question (with a question mark/"?" at the end) and send your correspondence via
certified mail (an option you can choose at the post office.) When you send a question via certified mail,
the association and its representatives are required by Florida law to respond. Other states may differ.
(per Cyber Citizens for Justice)

Here is a sample doctor's letter (from the BazelonCenter for Mental Health Law). The important things that need to
be included in the letter are 1) a statement that you have a disabling condition, 2) a statement that having a support
animal "ameliorates and helps" you with a major life function and 3) something to indicate the qualifications of the
letter writer - degree and state license number. '...according to Joan Esnayra, founder of the Psychiatric Service Dog
Society, the outcome of those lawsuits depends largely on the words people use to describe their animals. “If you
say ‘comfort,’‘need’ or ‘emotional support,’ you’re out the door,” she says. “If you talk about what your animal does in
terms of ‘tasks’ and ‘work,’ then you stand a chance.”' (reference "Creature Comforts," NY Times Magazine, 1/4/2009)<

From my experience, the key to a successful request for a 'prescription pet' is for the health care provider to
specify in writing that he/she is 'prescribing' the assistive/emotional support animal as a 'necessary component
of ongoing treatment'”. -- Barbara Feeney, MPA, at Treasure Coast Health Council.

Here are examples from Barbara of an actual doctor's letter and cover letter (names removed): 1) doctor's letter 2) cover letter.

Ask your neighbors to write to the association board to say they are not bothered by your pet(s).

With difficult association boards you may need to get your animal registered as a service animal by the
Service Animals Registry of America, SARA. Got questions?: e-mail them. **www.elitek9academy.com in Jupiter
is affiliated with SARA. (Remember that emotional disorders count as disabilities per the AmericanS with Disabilities
Act.) This extra step may make it easier to get approved, but certifying an emotional support animal as a service animal (see definitions of types of
assistive animals here) is NOT required by law, since fair housing law does NOT require proof of training.

If other people in your building/association have pets, you can claim the affirmative defense of selective
enforcement of the rules. Gary Poliakoff, head of the Becker and Poliakoff law firm that services thousands
of housing associations in Florida, lists various defenses can fight a belated 'no pets' restriction. He includes
selective enforcement, and/or"latches" and "estoppel." The latter two relate to timeliness of enforcement or
waiver by action. He also mentions trained service animals being allowed for the handicapped (but fails to
mention emotional support animals. See our success stories for cases where emotional support animals have
been allowed.)

Actions and speech which coerce, intimidate, threaten, or interfere with any person in the exercise of, or on
account of her or his having exercised, or on account of her or his having aided or encouraged any other person
in the exercise…” of their rights to reasonable accommodation is unlawful. Appropriate administrative or civil
action may be taken. (PART II FAIR HOUSING ACT, 760.37 of the Florida Statutes).

If a doctors letter is rejected by a board or their lawyers, you can sue them for discrimination, with
potential fines in the $$thousands! (See Florida Statutes Sections 413.081, 775.082 and 775.083.)

Board members and lawyers are not trained medical professionals. They should not decide who needs or
would benefit from animal companionship.

Contact the Personal TLC (Therapy Licensed Canine) Division of Share-a-Pet for help. Their lawyer has had 100%
success helping people secure their support animals. You can reach them at tlc@shareapet.org or (954) 630-8763.

Individual tele-consultation with Dr. Joyce Starr. Eliminate the toxic stress of your condo board or hoa board battle.
Discover step-by-step solutions for problems before they become legal nightmares. Protect your home, hearth and
health.

“As an attorney that specializes in animal law I am frequently contacted by citizens that are being harassed and intimidated by homeowners associations
or condo boards-even though their animal is not bothering anyone and has been prescribed by their health care provider. In fact the intimidation by the
condo boards aggravates the very condition the animal is intended to alleviate. Of course the associations and boards have far more resources to fight
these petty battles, and are often successful in forcing someone to move or give up an animal that is their life line because the pet owner has neither the
money or emotional stamina to fight the association’s lawyers." -- Marcy I LaHart, Esq.

Kitties' guardian is a stroke victim, plagued by a resulting emotional side-effect that makes her break out
crying and turn bright red from stress. This little baby helps her maintain her calm and avoid another stroke.

Emotional support animals are a type of assistive animal for aiding people who have mental health/emotional
disabilities or who have emotional components to serious physical conditions. For instance, a
study by the World Health Organization found that people who had arthritis, diabetes, angina, or asthma
were more likely to suffer from depression than people without these conditions.

You have the right to emotional support animals in "No Pet" housing. top of page
NOTE: the letter to qualify you to have an ESA must be carefully written to show that the assistive animal does perform a task to ameliorate your
condition and help with life functions. Read more.

These legal links explain more about your right to have an emotional support animal:

According to Gary A. Poliakoff, head of the Becker and Poliakoff law firm that represents many condo associations in Florida, "...The Courts and the
U.S. Department of Housing and Urban Development (HUD) have interpreted the [federal Fair Housing Act] 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..."
(reference: 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 new HUD rules, go to http://edocket.access.gpo.gov/2008/E8-25474.htm.

These new HUD rules strike down some of the obstacles to ESA's in "no pet" housing as follows:
1. Specialized task training of ESAs is unnecessary - “emotional support animals do not need training to ameliorate
the effects of a person's mental and emotional disabilities. Emotional support animals by their very nature, and
without training, may relieve depression and anxiety, and/or help reduce stress-induced pain in persons with
certain medical conditions affected by stress.”
2. Documentation of the need for an ESA may come from a "physician, psychiatrist, social worker, or
other mental health professional." In Florida, "other mental health professionals" refers to the following health care professionals duly
licensed by the Florida Department of Health:

Gary Poliakoff, of Becker & Poliakoff, recently commented (read here) that the doctor writing the letter "must provide details
as to his or her experience in the field of the alleged handicap," which seems a much stronger requirement than HUD guidelines.
"Family doctors ARE qualified to write prescriptions for anxiety, depression and other emotional ailments - and frequently do
prescribe this type of medication. Cardiologists often prescribe some of these same drugs when heart patients undergo
unusually stressing events in order to prevent a cardiac event. We see no reason that a professional who can prescribe these
strong pharmaceuticals should have to show any specialized expertise. In many mental health practices, it is the social workers
doing the counseling therapy who actually work with the patients (and only consult the MD psychiatrists for adjustments to
medication.) This is why we need stronger laws to clarify the right to have ESAs." Maida Genser, President, Citizens for Pets in
Condos.

Poliakoff further elaborates on the increasing trend to allow Emotional Support Animals in "Prescription Pets," Common Ground,
January/February 2008, including a reference to a 2004 California appeals court case that found in favor of a dog owner because
"the innate qualities of a dog, in particular, a dog's friendliness and ability to interact with humans, made it therapeutic." The
article states that, "Recent court decisions have loosened the standard for pets to be considered 'trained' to meet the needs of
a disabled person and, thus, protected by law.

In yet another article Poliakoff states that "...pet restrictions, other than in the case of emotional support animals, are enforceable."
Condo Consultant, July 30, 2008.

See also, Pets Just May be the Right Medicine on Becker and Poliakoff’s “Florida Condo and HOA Law Blog, including comments from
Barbara Feeney on the advisory board of Citizens for Pets in Condos.

Mr. Poliakoff has recently retracted his previous statements. In Evading no-pet restriction tougher, Palm Beach Post, 04/07/2009, he claims that it is
getting easier, rather than more difficult for associations to ban animals. He seems to be stretching the meaning of the north Florida case that he cites
in this 4/7/09 column beyond the facts, for reasons I don't understand. Perhaps it is in response to backlash from condo associations and condo
maintenance firms because of his earlier statements.

According to our legal advisors, the case in north Florida was NOT a sign of the pendulum swinging back to tougher handling of pets in condos
cases, but rather an indication that emotional support animals are not pets according to the law.

3) Therefore, the Court seemed to believe that he was using this only to keep a pet, not a service animal.

"The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not "pets," but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its "no pet" policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment...

...Although the [board] is entitled to ask for supporting materials which document the need for an emotional support animal, federal law does not require the tenant to provide proof of training or certification of the animal. The two courts that have addressed this issue directly - the Court of Appeals for the Seventh Circuit and the U.S. District Court of Oregon - have held that the only requirements to be classified as a service animal under federal regulations are that the animal be (1) individually* trained, and (2) work for the benefit of an individual with a disability. For a more detailed discussion, see Bronk v. Ineichen, 54 F.3d 425 (7th Cir. 1995) and Green v. Housing Authority of Clackamas County, 994 F.Supp. 1253 (Or. 1998)." --Bazelon Center for Mental Health Law

*people can train their animals themselves

"Emotional support animals don’t need to have “task specific” training that supports the disabled person and are therefore different from service animals. It's the animal's presence that contributes to the person's welfare. They don't have the same rights to public access as service animals. In most states, tenants have the right to an emotional support animals when there is a clear link between a medical condition and the animal's presence, even in housing with "no pet" policies. Medical documentation that shows a link between the animal’s presence and the health of the individual is usually required." (reference http://www-unix.oit.umass.edu/~ebarney/esa.htm)

Support and service animals are considered assistive aids. The relevant federal laws that are applicable are:

The relevant Florida laws are Section 413.08(6) to allow support animals and Sections 413.081(1), 775.082 and
775.083 to define penalties for not allowing support animals. Furthermore, Florida Statute 760.23 says it is
unlawful to discriminate against persons with handicaps. Discrimination includes "A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford
such person equal opportunity to use and enjoy a dwelling." (These laws cover emotional/mental as well as
physical disabilities.) 760.23 was applied in this case.

Federal disability law says that helper animals must be allowed if you obtain a letter from a medical doctor
saying you need an animal to "ameliorate and help with life functions."

Click here for definitions of different types of assistive animals, including emotional support animals.

Furthermore, an assistive animal does NOT need specialized training to ameliorate a specific emotional illness. Just interacting with a pet can help alleviate stress, anxiety and depression. See more on the health benefits of companion animals.

According to Dr. Virgil Rizzo, former state of Florida Condo Ombudsman, "A condo board cannot make rules that are
in conflict with the law. A note from any qualified doctor, a psychologist (PhD) or a medical doctor will suffice."

Harry Lamb, Director of the Palm Beach County Office of Equal Opportunity says that "About nine out of 12 cases are resolved
in favor of the person keeping the pet -- a support or service animal
-- based upon the findings of a physician or mental health professional treating the condition."

Under the Federal Fair Housing Act, disabled individuals have a legal right to an "assistance animal" in their home,
despite any "no pet" policy. The law extends to homeowners and renters in all 50 states, and protects people with
both physical and mental disabilities (including depression). For information on how to file a free housing
discrimination complaint with the U.S. Department of Housing and Urban Development, call 800-669-9777 or visit http://www.hud.gov. You can also go to any local Fair Housing Assistance Partner, usually one per county. In south
Florida, for example, you can go to the Broward County Civil Rights Division, the
Miami-Dade County Equal Opportunity Board (MDCEOB) or the Palm Beach County Office of Equal Opportunity.
,

"Under federal, state, and local fair housing laws, a housing provider must make reasonable accommodations
in rules, services, or practices to afford a "disabled individual" equal opportunity to use and enjoy a dwelling
unit as if he or she had no disability. For more information, review the federal Fair Housing Amendments Act
of 1988, Florida Statutes section 413.08, and county ordinances."
Robert M. Burrell,727-517-3989, attorney who practices pet and animal law in Florida.

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For a full discussion of your legal rights and responsibilities as the guardian of a companion animal, an excellent resource book is "Every Dog’s Legal Guide: A Must-Have Book for Your Owners," by Mary Randolph. Written for non-lawyers, it's a helpful book on a variety of legal issues relating to canine companions. It's available for purchase from Nolo Press.

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“…Courts have applied the Act to individual, corporations, associations and others involved in the provision of housing and residential lending, including
property owners, housing managers, homeowners and condominium associations lenders, real estate agents, and brokerage services…”

“The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limit one or mor major life
activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment…”

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The legal status of pets when the owners/guardians become deceased is one of the issues involved in getting people to accept pets in 55+
housing associations.

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The federal Fair Housing Act requires that animals be allowed as a reasonable accommodation for people who have a disability that requires such an
animal. For example, a visually impaired person may have a service animal. Somewhat less established is the right of a person with a mental
disability to have a companion animal.

"...AARP understands that [Emotional Support Animals] is an important issue for our members. Our policy book recognizes the many benefits of
having a companion pet for those 50 and older, such as improving both their physical and mental health. AARP feels that state and local
governments should promote policies that allow pets in housing, as long as they are subject to appropriate rules and regulations affecting health
and safety."
- Laura Cantwell, AARP Florida Program Coordinator

Ensuring a "Yes-Pets" Rule - reprinted from the American Bar Association's "ABA-TIPS Animal Law Committee Newsletter" (Spring 2007)

Citizens for Pets in Condos is all about making changes so you don't have to be considered sick to do something
that is entirely normal - have an animal companion for all of the many benefits it could have.

In Fair Employment Housing Commission v Auburn Woods I, a California Appeals court established the "companion animal" principle, namely:
that companion animals are as vital to the emotional health of their owners as service dogs are to the physical well-being of persons with disabilities.
The principle was re-stated in the press release by the Department of Fair Employment and Housing after the Appellate ruling.(see http://www.calhomelaw.org/doc.asp?id=420).

Delaware has a law, which says that the elderly and disabled renters must be allowed to have one pet.

The ASPCA advocates supporting a bill "A 2645" in New Jersey to make more animal-friendly housing available. If you live in NJ, please urge your
legislators to support A 2645 which would prohibit landlords from refusing to rent to persons with companion animals. (3/7/06)

Make a tax-exempt contribution. ========================== Donate through Network for Good Donate through First Giving Donate through Just Give Donate through Change.org ================ Donations by check to "Citizens for Pets in Condos, Inc." can be mailed to PO Box 26071 Tamarac, FL 33320
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