Somebody asked Bob the other day whether or not they can get around the no pet policy in condominiums by saying that they need the emotional support of a canine to get them through the day. Bob indicated, and I agree, that this has to be handled on a case by case basis. Now it is my opinion that we always emotionally help any person who is lucky enough to have one of us canines, but there has to be documented proof by a licensed physician indicating that the person involved is in great need of this type of emotional support to satisfy the accommodation requirements of the Fair Housing Act and/or Americans with Disabilities Act depending on which statute applies. There may also be various state statutes that allow for modifications of various areas of the home or project and/or rules in connection with pets. Of course, I don’t think that a no pet policy per se is a good idea for a multitude of reasons.
By Joyleih, Meisner Law Group Legal Beagle