WALKING A FINE LINE

Even if your building has a no-pet policy in place, you are bound by federal, state and city discrimination laws that require housing providers to make reasonable accommodations for assistance animals. It's very important to understand how to navigate these requests and, in particular, know what information you can and cannot ask for. It’s very nuanced, and boards must walk a fine line with respect to discretion in order to avoid lawsuits. 

SERVICE OR SUPPORT? The first thing to establish is whether the request is for a service animal or an emotional support (or other type of assistance) animal. Under the American With Disabilities Act (ADA), only dogs and miniature horses are recognized as service animals. The next thing to establish is whether the disability is apparent or not. 

In the case of a service animal, if someone who is clearly visually impaired requests reasonable accommodation for their guide dog, you should grant it without asking any further questions. Bear in mind that you cannot impose limits on the breed or size of the service dog, even if your current pet policy includes such restrictions. Things get trickier when the request for a service animal is made by someone whose disability is not readily apparent. In those instances, you can ask whether the service animal is required because of a disability and if so what work or task the service animal is trained to perform. You may not, however, ask the nature of the disability.  An example of a non-apparent disability would be a diabetic who requests an accommodation for their diabetic alert dog.

The process differs slightly for emotional support or other assistance animals. If someone whose disability is readily apparent seeks a reasonable accommodation to house an assistance animal, I would suggest not asking for any details about their specific diagnosis. If the disability is not apparent, you may then ask for documentation in the form of a letter from a licensed professional or proof that the person is receiving disability benefits. In either instance, you are permitted to ask the person requesting the accommodation what the symptoms of their disability are and what assistance their animal provides to mitigate those symptoms. 

IN-HOUSE RULES  I recommend that boards do not enact house rules that bar people with disabilities from utilizing certain portions of the property. Owners of assistance animals should not be asked to use separate elevators or entrances; they should have the same access to the property as everyone else. There are common-sense solutions, like having people wait for the next elevator if they’re allergic or afraid of animals. There are, of course, exceptions that can be made on a case-by-case basis. For example, a person with an emotional support animal brought a complaint against their housing provider after being asked not to walk their dog in an area where children commonly played. The complaint was ultimately dismissed because it was determined that the owner of the dog did not require an accommodation for walking their dog in the play area.

PROCEED WITH CAUTION. It is understandable that boards at buildings with no-pet policies want to make sure that people are not trying to get around those rules. But you cannot afford to misstep by asking for information you’re not legally entitled to. If someone goes to the city or state and files a formal complaint, boards can be subject to a civil discrimination lawsuit and fines. The safest course? Familiarize yourself with federal HUD guidelines. In fact, print them out and have them next to you when considering someone’s request. And if you're unsure whether a disability falls within the definition of the statutes, what documentation is needed  — or whether you can ask for any at all — consult your attorney.