LEGAL TALK

Enforcing pet policies in co-ops and condos can feel like walking through a legal minefield. From tight enforcement deadlines to complex accommodations for service and emotional support animals, board directors face high-stakes decisions that could lead to costly litigation if mishandled.
Attorney Kenneth Finger, a member of the law firm Finger & Finger, offers board directors essential insights into navigating the complex intersection of pet policies and legal requirements in New York co-ops and condos. The conversation reveals critical timing requirements for enforcing no-pet policies and explores the nuanced landscape of service animals and emotional support animals (ESAs). Habitat's Emily Myers conducts the interview.
Key takeaways for board directors:
* The 90-day rule is absolute: Boards must take court action within 90 days of discovering an unauthorized pet, or they permanently waive their right to enforce the no-pet policy for that animal's lifetime. 
* Service animals vs. ESAs have different standards: While service dogs (which must be specially trained) cannot be refused, emotional support animals require more documentation but can be any species. However, boards cannot restrict size or breed in either case.
* Documentation requirements for ESAs should be thorough: Boards can request vaccination records, licensing, and legitimate medical documentation. They can challenge questionable medical certifications but should be prepared for potential human rights complaints.
* Enforcement carries financial risks: Challenging ESA requests can lead to expensive litigation, insurance complications, and potential damages if the board loses. Boards must carefully weigh these costs against enforcement benefits.