Can a Condo Association Deny a Service Dog?
If you live in a condominium and have a disability, you may be interested in owning a service animal, such as a dog, to facilitate and support your well-being. At the same time, you might be curious whether your condominium owners association (COA) can deny your service animal.
Generally, condo associations must accept service dogs when the legal conditions have been satisfied. According to state and federal laws, persons with disabilities can enjoy condominiums like everyone else. Therefore, if a service animal is required to give the person equal opportunity to enjoy the facilities, the COA must not discriminate.
Typically, service animals enjoy more rights than emotional support animals (ESAs). For emotional support animals, the condo association may request the handler to justify the reason for keeping them, which may require the handler to provide documentation from a health practitioner, such as a therapist. However, unless the animal’s owner’s disability isn’t obvious, the condo can’t ask the owner about their disability, and they can’t ask for documentation of the service animal.
What Is the Difference Between an Emotional Support Animal and a Service Animal?
Service animals are animals, typically dogs or, in some cases, miniature horses, that are trained to do work or perform tasks for persons with disabilities. They’re not pets but work dogs that assist those with sensory or physical impairments. For example, they can guide persons with visual impairment on the street or in their homes, retrieve objects for persons using mobility devices, or protect individuals who experience seizures. The tasks they’re trained to do must be related directly to the disability.
Emotional support animals, on the contrary, are companion animals like dogs or cats that provide therapeutic benefits to persons with psychiatric disabilities. Unlike service animals, ESAs aren’t required to receive any special training. Instead, medical professionals may prescribe them to patients with mental illness for comfort. For example, ESAs like cats and rabbits can help ease a person’s anxiety or depression.
What Are Massachusetts Service Dog Laws?
Federal and state laws regulate service dogs in Massachusetts. Regarding condos, a COA’s declaration may also restrict the ownership or possession of service dogs on the property. For a better understanding, let’s consider each in detail:
1. Federal Laws
Here are two federal laws that cover service dogs in the United States:
Americans with Disabilities Act
The first relevant federal law that deals with service dogs is the Americans with Disabilities Act (ADA). The ADA is a civil rights law that outlaws discrimination on grounds of disability.
Under the law, a person with a physical, mental, sensory, intellectual, or psychiatric disability can acquire a dog to assist them in performing daily tasks. The law also has separate provisions about miniature horses, which can be used as service animals in certain instances.
According to the ADA, service animals can accompany people with disabilities in public facilities and accommodations, including some areas within a condominium. Generally, businesses and organizations that are open to the public must allow service animals to go most places where the public can go. The law applies even when the facility has a “no pets” policy, as service animals aren’t considered pets.
Fair Housing Act
The Fair Housing Act (FHA) is a federal legislation that protects purchasers, lessors, and renters of real estate against discrimination on grounds of race, color, sex, religion, national origin, familial status, or disability. The law requires property managers and landlords to provide reasonable accommodations for persons with disabilities.
The goal is to enable qualified individuals to enjoy and use dwellings the same way those without disabilities can. Therefore, where a person needs a service or emotional support animal to access, use and enjoy the property, the COA may be required to grant permission. This, too, applies even if there’s a “no pets” policy.
2. State Laws
According to Massachusetts discrimination law, it’s unlawful for unit owners in a condo or housing cooperative to discriminate against persons with disabilities by denying them lease, rent, or sale of accommodation. The law further directs housing providers to supply reasonable accommodations for qualified individuals.
As an example of reasonable accommodation, a person with a visual or hearing impairment could rely on a guide dog to access and use public facilities and accommodations. Therefore, they could ask for a waiver regarding the COA’s “no pets” policy.
3. COA Declarations
The COA declarations or bylaws typically contain provisions on animal restrictions on the property. Such limitations may be necessary to protect other residents and visitors against attacks or certain health complications such as allergies. While these laws are legally enforceable, they must be reasonable and comply with the reasonable accommodations offered to disabled persons under state and federal law.
Can a Condo Refuse a Service Dog?
Typically, a condo association can’t deny a service dog access to the property where all the legal requirements have been met. The COA can’t ask a person with a disability accompanied by a service animal to provide documentation about their disability or request to instruct the animal to demonstrate its work. It’s when the disability isn’t apparent that the COA may ask the following questions:
- Is the animal a service animal that’s required due to a disability?
- What tasks is the animal trained to perform?
Do Condos Have to Accept Emotional Support Dogs?
COAs may be required to accept ESAs under the FHA because they’re technically exceptions to the “no pet” policy. However, the condo association can deny an emotional support animal access to the property because they don’t fall within the definition of “reasonable accommodation.”
If a COA denies an ESA access and the ESA’s owner decides to take legal action, the court may use the following points to assess whether reasonable accommodation is in play:
- The plaintiff is a person with a disability.
- The defendant knew or should have known of the plaintiff’s disability.
- The plaintiff requested reasonable accommodation, which was necessary to give them an equal opportunity to use and enjoy the dwelling unit.
- The defendant denied the plaintiff’s request.
Where the disability is not apparent or readily observable, the housing provider can request documentation to establish the need for an ESA, unlike service animals.
How a Condominium Attorney Can Help
In the case that you’re denied a service dog by your housing provider, you may wish to turn to professional assistance. Condominium attorneys generally have the knowledge to assess your case and advise whether you have a claim. Where necessary, attorneys can assist you in negotiating with your COA or housing provider to resolve the problem swiftly.
You can leverage the experience of condominium attorneys to increase your chances of success when the matter ends in court. Attorneys understand the law well, allowing them to make compelling arguments in your favor.
Contact Calabrese Law Associates for Assistance with Your Service Dog
Service and emotional support animals offer tremendous assistance to many individuals, so if you encounter trouble with your condo association and are unable to resolve the issue informally, it’s best to consult an attorney immediately.
Calabrese Law Associates has helped many clients in the Greater Boston area and other parts of Massachusetts fight for their rights and those of their loved ones. Our condominium law attorneys are ready to listen to your case and provide practical solutions to help you get the desired results. Contact us now for assistance with your service dog.
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This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.