As written in this space (and elsewhere) all too frequently, professional apartment owners and managers have seen a significant surge in the number of reasonable accommodation requests by residents with animals. Some of these requests are legitimate and we are happy to approve them. An increasing percentage of these requests, however, appear to be questionable at best and reflect an effort to avoid otherwise legitimate pet rent/fees. As a part of the review and evaluation process, here are some definitions that, I hope, will help leasing offices as we engage in the interactive process with our residents/applicants:

A ”service animal” is defined under the Americans with Disabilities Act (ADA) as a dog that is specifically trained to performs tasks for its owner with a disability. Think of a dog that assists someone with a vision disability cross the street. For the most part, the ADA does not apply to residential apartment communities. The exception is that the ADA does apply to the leasing office for the property.

An “assistance animal” is defined under the Fair Housing Act (FHA) and Section 504 of the Rehabilitation Act of 1973 as an animal that works, provides assistance or emotional support that alleviates one of more symptoms of a person’s disability. An “assistance animal” does not require any training. Think of a dog that soothes or comforts an individual with Post Traumatic Stress Disorder. Also, while dogs are the most common assistance animal, the law recognizes that many other types of animals can qualify – such as cats, ponies, ferrets, and/or even snakes. This list is not exhaustive and I am not making this up.

An ”emotional support animal” is a subset of assistance animals. These animals also provide emotional support to individuals with disabilities. Emotional support animals provide companionship, relieve loneliness, as well as can help with depression and anxiety. Unlike a “service animal,” an “emotional support animal” does not require any special training.

A “companion animal” is another way to describe an “emotional support animal.” The terms “companion animals” and “emotional support animals” are used interchangeably.

Accordingly, if you see what purports to be a medical verification for a “service animal” to help with anxiety or depression (or a letter that references the ADA for a companion animal), you might want to take a closer look to determine if indeed the verification is legitimate.

Also, remember that if an animal is approved as either a service animal or as an emotional support animal, that animal is permitted to accompany the resident anywhere within the community (except, for example, in the swimming pool or in the hot tub).

Just A Thought.