REAL ESTATE Q&A SUPPORT ANIMAL RULES MUST BE REASONABLE

Q: I live ina55+ community that does not allow pets. Nowtherearemanydogs in thecommunity claiming to be emotional support animals. Canwe put a stop to this? — Debbie Q: In our no-pet community, thefolks withESAdogs allow them to run wild, using the whole property as their toilet. I get thatwe have to allow them their ESAs, but don’t they have tofollowthe rules still? — B. A: The rules that govern an emotional support animal, or “ESA,” are difffffffffffferent from those for service animals. Service animals, such as those that assist the visually impaired, are specially trained and governed by certain disabilities laws, such as the Americans with Disabilities Act, or “ADA,” as well as housing laws. ESAs do not require any training and are not covered by the ADA. However, they are often a legitimate form of therapy and comfort for people that need it. Unfortu- nately, these laws are sometimes abused by unscrupulous people. Many websites sell “ESA kits” to certify that a pet is a needed ESA. One Florida attorney even got a certain cartoon pet certifified as an ESA on behalf of a very famous mouse living in Orlando. Becausethisissuchatouchy subject andmostpeoplewant to help those in need, many community associations have been reluctant even to question anyone who wants an animal in an otherwise no-pet community. Recently, because of some abuse, more and more communities are pushing back. Associations are required to make reasonable accommodations for those in need of assistance. This does not mean“any” accommodation, andassociationsareallowedto verify that the ESA is needed and to put reasonable restrictionsandrulesregardingESAs. Reasonablenessiskeyforboth theassociationandtheperson seeking the accommodation. The association cannot question an actual doctor’s judgment, nor can an owner allow their ESA to run wild.