Situation:An association needs to make reasonable accommodations for those who have support animals, but should we have to have their dogs in the clubhouse cafe as well as other amenities?
Support animals tug at readers’ emotions
Answer: Emotional Support Animals or “ESAs” are governed by different rules than service animals, for example seeing-eye dogs. Service animals are handled by the Americans with Disabilities Act and receive individualized training for specific tasks for those who have certain disabilities. ESAs don’t need either training for tasks, instead supply a therapeutic benefit to those in need.
ESAs are not covered by this law and are subject to the Fair Housing Act (FHA). Service animals are permitted in “public accommodations” including restaurants, museums, hotels and stores. The meaning of public accommodation is comprehensive with only minimal exceptions, such as if it poses an immediate threat to the safety and health of others.
However, there can be criminal penalties for having a fake service animal. ESAs, are covered by the FHA and can be excluded from public accommodations, although a lot elect to permit them for customer service reasons.
Most association clubhouses are owned by the community and are viewed more as being an extension of the residents’ home than as a public place. Which means that your community will have to make reasonable accommodations for the ESAs as well as service animals.
Both the community and the disabled individual should be aware that the word “reasonable” is related to “accommodation.” The accommodation has to be linked to the resident’s needs and cannot impose an undue burden on the community. It shouldn’t endanger the health and safety of the remainder of the community. For example, an ESA might generally be permitted on the pool deck however, not in the pool or permitted in the cafe but only on the floor.
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