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person with a disability] equal opportunity to use and enjoy a dwelling.”
In simpler language, property managers are required to help disabled residents through reasonable policy changes.
WHAT COUNTS AS A “REASONABLE” CHANGE IN POLICY?
A reasonable accommodation is a change or an exception that helps someone with a disability enjoy their space. For instance, an emotional support animal (ESA) is a reasonable accommodation in a building with a no-pet policy.
If there’s going to be a disagreement between your office and a prospect/resident, it’s probably going to happen if each party has a different idea of what is reasonable. They might think a baby goat is a reasonable ESA. You (backed by city/state ordinance) will probably disagree.
ASSISTANCE ANIMALS ARE NOT “PETS”
Assistance animals may be a service animal or an ESA. Generally speaking, property management businesses don’t run into many issues with service animals. These assistance animals tend to be dogs and can legally go anywhere their owner does, with few or no restrictions.
On the other hand, ESAs can be any animal (within reason) and are generally restricted to the dwelling.
HOW DOES SOMEONE REQUEST AN ASSISTANCE ANIMAL?
Requests for an animal can come in writing or verbally. So, if a resident stops by your office and says, “I need an emotional support animal,” that counts as them informing you.
The first thing you should do is document that the person stopped by your office and requested the animal. Include the date, time, animal type and any other important details about the request. If you use property management software, make sure to log it there.
THE NEXUS: EVERY ANIMAL MUST BE TIED TO A DISABILITY
It is important for the resident to provide what is sometimes referred to as the nexus. This is the disability-related need for an assistance animal, and there is no legal claim to an assistance animal without it.
If your building has a no-pet policy, the resident
cannot simply say, “I want an emotional support animal.” They need to provide proof that the animal is tied to a disability.
The property manager can ask for a healthcare professional’s note tying the animal to a disability. However, you can only do this if the applicant’s or resident’s disability is not apparent. The note can come from someone in the healthcare field: a therapist, nurse, doctor, etc.
The practitioner’s note is unlikely to specify the nature of the resident’s disability, and the resident may not want to go into details either.
WHAT NOT TO DO
There are two things that can get you into big trouble. It can be easy to slip up without meaning any harm, so pay attention to the following:
• Never ask what the resident’s specific disability is or why they need the animal
o If it’s not obvious, ask for the note (see above section on the “nexus”)
• Never refer to an assistance animal as a pet, even if the resident does
RIGHTS OF A PROPERTY MANAGER/OWNER
For most emotional support animals, the person’s need is not apparent, so you can probably ask why they need the animal. Nonetheless, you may want to consult an attorney about specific cases, especially if you’re worried about restricting animal access in certain areas (e.g., pool area, fitness center, communal kitchens).
Property managers and owners may not:
• Apply breed or weight restrictions on service or support animals (but you can deny an animal based on its behavior)
• Put ownership conditions, barriers or restrictions (e.g., requiring pet insurance)
• Add fees or ask for a deposit
• Property managers and owners may:
• Deny a request if it fundamentally alters the nature of your services
• Claim an undo financial and administrative burden (be specific)
• Provide evidence that the animal would cause extreme damage to the property
• Put up signs in common/office areas that say, “All assistance animals are welcome”
CS-8 SEPTEMBER 2021 - APARTMENT MANAGEMENT MAGAZINE
Please turn to page CS-10