The HOA cannot ask specific questions about a person’s disability during the application or verification process. In places like North Carolina, people with disabilities can also register their service animals with the Department of Health and Human Services for verification.
#MA SERVICE DOG LAWS PROFESSIONAL#
Homeowners with service animals or emotional support animals can provide a variety of documents such as proof of disability benefits, verification from a medical professional or a licensed therapist, and service animal certification. (Note: intentional misrepresentation of a service animal is illegal and punishable by law) However, request for documentation can be a standard practice to deter non-disabled residents who are just trying to skirt around your HOA pet policy. Service animals do not require specific documentation to be considered as a service animal. You cannot restrict service animals in HOAs, but you can ask homeowners for proof or documentation.
This also supersedes your HOA pet policy.ĭocumentation for Service Animals in HOAs People with emotional support animals also have equal access to housing. Associations must follow the FHA, which provides protection to both service animals and emotional support animals. Housing communities are private properties so they are not under the jurisdiction of the ADA. According to emotional support animal laws in NC and SC, any animal that is not a service animal can be refused entry in such places. Both North and South Carolina follow the ADA, which permits the use of service animals in public areas and public housing. Under the Americans with Disabilities Act (ADA), service animals and emotional service animals do not have the same rights. Emotional support dogs may be taught to remind owners with mental illness that it’s time to take their meds. Also known as therapy animals, their purpose is to help alleviate the disability symptoms or effects of their owner. For example, hearing dogs are trained to respond to a variety of sounds so that they can lead or alert their deaf owners.Įmotional support animals do not require specialized training in order to provide emotional support for their owners. Service animals receive a high level of training in order to perform disability-related tasks for their owner. Emotional Support Animals in HOAsĬontrary to popular belief, service animals and emotional support animals are not the same. You also cannot use your ‘no pet policy’ to deny a potential homeowner who has a service animal. Thus, HOAs cannot refuse a homeowner’s request for a service animal.
The FHA supersedes any rule or regulation that HOAs might have regarding pets. This includes guiding a person who is blind, calling for help when a person has a seizure and calming a person down who has PTSD from a panic attack. This includes the right to own or use a service animal.Ī service animal is a reasonable accommodation because they perform services in order to assist a person with a disability. Under this federal law, people with disabilities can request reasonable accommodations from their association. The Fair Housing Act of 1968 (FHA) protects people from discrimination when renting, buying, or financing a house and when pursuing other housing-related activities. What Does the Law Say About Service Animals in HOAs?
Establish Guidelines for Service Animals in Your HOA.Are There Exceptions for Service Animals in HOAs?.Can You Impose HOA Service Animals Rules?.Documentation for Service Animals in HOAs.What Does the Law Say About Service Animals in HOAs?.To ensure that the HOA board handles the matter appropriately, here’s everything you need to know about service animals in HOAs. If you have an HOA pet policy, there can be a lot of tension or uncertainty when someone with a service animal wishes to live in the community. Since they provide valuable service to people with disabilities, HOAs should accommodate them. However, service animals in HOAs are a different matter. This can be advantageous for residents who are allergic to animals, have animal phobias, or those who simply dislike the noise and mess that these animals leave behind. A homeowners association (HOA) has the right to impose a ‘no pet policy’ in their community.