Homeowners’ associations (HOAs) in Connecticut often deal with complex legal issues to help upkeep the living environment in an area. One common problem involves rules on pet ownership.
HOAs may need clarification on whether they can stop tenants from keeping service animals. The answer might not be straightforward and can depend on several factors. Understanding the legal landscape can help HOAs navigate this sensitive topic more effectively.
Service animals as reasonable accommodation
Service animals play a crucial role in the daily lives of people with disabilities. The Fair Housing Act requires HOAs to make reasonable accommodations for these individuals. This means:
- HOAs may have to allow service animals even if they have a “no pets” policy
- They may not charge additional fees or deposits for service animals
- They cannot restrict the size, weight, or breed of service animals
However, HOAs can still enforce rules about the cleanliness and behavior of these animal companions. They may also request documentation if a tenant’s disability is not apparent.
What about emotional support animals?
Emotional support animals (ESAs) differ from service animals but still have legal protections. Here are some points to consider:
- ESAs don’t require specific training like service animals
- They provide comfort and support for mental health conditions
- HOAs must make reasonable accommodations for ESAs, too
- Documentation from a health care provider may be required
Remember, each situation is unique and may require individual assessment.
When enforcing rules, HOAs should know that they may have to let tenants keep service or emotional support animals. They should study each request carefully and consider seeking legal advice when in doubt.