Know the difference: service dog vs. emotional support animal
A: First, let me make a legal clarification. There is an important distinction between a service animal and an emotional support animal. A service animal helps blind or deaf people; if that’s the situation, your condo board cannot prohibit or restrict the service animal, usually a dog.
An emotional support animal is different, however. The unit owner claiming the need for such support has the burden to prove it is real and necessary. While you cannot inquire into the nature of the need for the support animal, you have the right to question and challenge the letter from the alleged medical doctor that indicates the need for that animal.
There are a lot of frauds in this area. For a few hundred dollars, you can buy a letter from a “psychiatrist” that confirms the need for such a comfort animal. And although it’s not a laughing matter, people have been claiming turkeys, goats and even squirrels as “comfort animals.”
The board cannot inquire as to the mental status of the person claiming the need for the emotional support animal, but the board can — and should — investigate the legitimacy of the author of the letter. I once wrote that “if it quacks like a duck, the author of the letter may be a quack.”
Bottom line: Review the facts carefully if the owner is claiming the need for an emotional support animal. However, if there is any doubt, accept the animal. It is a lot less expensive then having to face a hearing claiming you violated the Fair Housing Act.
One final comment; in most situations, the Americans with Disabilities Act does not apply to condominiums. The appropriate law is the Fair Housing Act.