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Citizens for Pets in Condos, Inc. is working together with Cyber Citizens for Justice
to get the laws of Florida changed.  Read more here. 

What If You Are Asked to Remove Your Companion Animal(s)?

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" asking to have an emotional support animal as a reasonable accomodation.
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.
If you get a written response from your association board denying your right to have your ESA in spite of the doctors letter,
there are agencies that will help you fight for your rights. See free legal.

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.

3. There is no need for formal CERTIFICATION of the disability.

Better yet, these new HUD rules DO apply to condos and other types of association-run housing per Bryan Greene, Deputy Assistant Secretary for Enforcement and Programs, Department of Housing and Urban Development. He is identified in the Federal Register as the contact person for questions regarding the October, 2008 rule changes.

Citizens for Pets in Condos supports creating legislation to codify these HUD rulings. See draft bill. Read more here on suggested bills.

Our legal advisor, Marcy LaHart, Esq, summarizes, "As a matter of law a disabled person is not required to provide proof of training or certification of an emotional support animal. The U.S. Department of Housing and Urban Development recently amended the Code of Federal Regulations to clarify that the federal Fair Housing Act applies to both emotional support animals and individually trained service animals. Emotional support animals may be prescribed by a psychiatrist, but also by a physician, social worker or other mental health professional."

Attorney LaHart continues "An affidavit is not necessary, a letter stating that the person has a disability, the disability affects the patients major life activities, and that in the doctor’s professional opinion an ESA is needed to ameliorate the symptoms of that disability or help the patient cope with the disability is sufficient. In fact under the FHA the letter need not be from a doctor - a social worker or other “mental health professional”  may prescribe an ESA."

Further, there is no requirement that a doctor state that an ESA is “absolutely necessary” nor does the doctor have to state that he or she is willing to go to court."

Also, as we have said above, the Florida Commission on Human Relations has told us that the "doctors letter" does not need to be notarized if the
letter is on the doctor’s stationary.

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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.

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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.  

Facts of the case that was referenced are that:

1) Booster's owner had first lobbied the Association to keep the Animal as a "Pet" ,

2) All medical evidence of need of the "pet" as a service animal was gathered after filing litigation, not before the request was presented to the
Board, or even before acquiring or owning the pet in the first place.

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

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"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

A handout from the Center for Independent Living of Broward statement on Companion and Emotional Support Animals
(see link: http://www.petsincondos.org/CILBroward.html) makes it clear, among other things, that no special training
is required for companion and emotional support animals.

"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 Fair Housing Amendments Act of 1988
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act, Title II

The relevant Florida laws are Section 413.08(6) to allow support animals and Sections 413.081(1), 775.082 and775.083 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.
,

New Jersey:

In 2006, ASPCA advocates supported a bill in New Jersey to make more animal-friendly housing available. If you live in NJ, please urge your
legislators to supporta bill to prohibit landlords from refusing to rent to persons with companion animals.