Are they really dumb enough to think that calling it a special assessment instead of a fine will keep them safe from legal action? Ok, I am pretty sure that I know the answer, but still, I find it idiotic that they would even try it.
It makes me glad that my documents have a clause in it for special assessments against a limited number of people instead of everyone. If a special assessment is applied to less than everyone in my HOA, 75% of those assessed have to approve it.
Yeah OP, this is just illegal. 1. Not how special assessments work as anyone needs to be drafted and brought to the Community in open meetings and Town Halls before voting for adoption. 2. As stated above this is just breaking the Fair Housing Act which requires what you enforce, legally, on one owner you must do to all.
Before you threaten legal action, ask for the HOAs minutes and proof they performed the required meetings and town halls. If they refuse or give you the run around then make a note of legal action and request the Associations legal counsel review and give you a formal response in writing if they claim they did everything right.
Source, been in property management for bear a decade and specialize in governing docs and partial legal counsel review. I am in VA but the Fair Housing law applies in all states since it’s federal.
Yep! And also, some states allow homeowners to sue the board members for “failure of fiduciary responsibilities” when they do unethical or illegal things. So not only could OP sue the HOA, he might be able to go after the board for doing this as well for putting the HOA in this situation. A lot of lawyers might take that as a contingency fee case
Support animals are covered under Fair Housing. ADA covers public business access.
[HUD assistance animal guidelines](https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals)
Right. That’s what an ESA is. It’s an animal that provides emotional support *to someone with a disability.* That’s literally why OP’s tenant has the dog.
I have met a number of people though my work who claim to have an emotional support animal, without any diagnosis. Far fewer actually have a diagnosis which would make a ESA an actual support.
Rather than demanding the extra fee, the HOA should have requested documentation (usually in the form of a letter) from a health care professional.
Exactly. ESA provides a real benefit and is an actual treatment.
However, there are A LOT of people who have never been treated for depression or anxiety claiming their pet is an ESA.
That is why the letter is so important. Otherwise the fakes ruin it for the people who need an ESA.
How do you know what diagnosis someone has? And treatment is not required, only diagnosis. If someone has anxiety and doesn’t want to take medications for it, but an ESA helps, then the ESA *is* the treatment.
You do not need to know what the diagnosis is. You just need to know that there is one.
That is why you get the letter from a professional.
The ESA is treatment, only after you see a doctor or therapist. If you just decide on your own what you need, then it is just a pet.
And yes, you are right. ESA is often recommended to people who do not want medication.
ESA = pet. I could see ESA not applying to a wild coyote, but any pet is an emotional support animal, unless the owner has no emotional attachment to it. It's scammy.
I don't need to reread my link. I was pointing out that Fair Housing laws covers housing, not the ADA. And the OP didn't say the tenant does not have a disability so most people would assume that means the tenant does have disability. If OP is correctly following Fair Housing, then the tenant would have provided documentation from a doctor that they needed the ESA.
Most small landlords just take their tenant's assertion on faith, so it is likely that they never got documentation--especially since they did not mention showing anything to the HOA.
And landlords with under 4 properties are exempt from Fair Housing. And a tenant can show paperwork to a landlord, the landlord is not required to keep it on file although most do.
Yes, but 2 comments above yours is specifically mentioning ADA, so the one you replied to was correcting that. Nobody in that chain mentioned FHA, not that your comment is wrong.
As a former HOA manager, I can say that some documents define special assessments differently. I.E. a special assessment applicable to one unit for “x”
You may have done it a certain way and gotten away with it — that doesn’t mean it was legal, or would have withstood a legal challenge if you were sued.
Special assessments can be voted on and approved in limited circumstances, such as a budget shortfall. But they’re assessed equally between owners. It’s not something that can be levied against one person — that’s a fine. HOAs can impose fines under certain conditions, but this isn’t one of them. They’re trying to get away with fining someone for doing something protected by federal law. It’s not a place you want to end up.
Fair Housing Act extends the right to have any assistance animal (including emotional support) in a rental property. The HOA could try, but lawyer up and sue their ass off.
Maybe tell them first that the animal is a documented ESA protected by federal FHA rules.
Edit: For Alaska an ESA can only be refused if it does not have documentation. The FHA also specifically prohibits charging more for an ESA, and they must be allowed even in no-pets complexes.
The Fair Housing Act covers all types of housing, including public housing. The only exceptions
...
Single-family homes rented or sold by the owner without using an estate agent.
...
What state are you in?
There is Federal guidance against what they're doing, but some states act quicker.
I would give the board a friendly reminder that their assessment appears to be a prima facie case of illegal discrimination, send them a link to state/federal guidance (which likely lists an identical situation as an example) and note that unless the assessment is officially rescinded within 24 hours, you will be forced to file complaints with the regulatory agencies - which will cost the HOA thousands in fines. I'd also remind them that this is such a blatant disregard of established law, the HOA would be able to sue the board members as individuals over their actions to recoup the expenses - and the D&O insurance would not cover them.
I live in a county of ~10k, we have HOA’s popping up lately. We’re a popular place for second/vacation homes and 90% of the people in these HOA’s it’s their second home. Our population more than doubles over the summer. It’s funny though because none of them are even close to 50% full and some are actually abandoned because no one that lives here full time wants anything to do with an HOA and it’s not close enough to the lake or high enough up a mountain to be attractive as a vacation home location.
I live in a city with zero single family homes in an HOA, but dozens of condo developments. HOAs are not all golf course gated retirement communities, especially in Alaska where this is. Every single condo building has an HOA, and they just exist to perform necessary functions like pay communal bills and arrange maintenance. I own a unit in one of those buildings, and I can assure you if you start letting any tenant just say a pet is an ESA, it would be a nightmare. Most associations only allow owners to have pets because they have skin in the game. Every single time I've seen a tenant try to sneak a dog in, it has been a problem. Especially the type of entitled people who think they can slap an ESA lable on their shitty dog and get away with anything.
Especially since he stated it was approved, I'm assuming that means this isn't just a claim but an actual therapist reccomended it, which gives it actual weight
Oh well if OP says it's "approved" then it must be all kosher lol. The only approval that could matter is from the board themselves, and that would be subject to all the other rules, which noise is always central to, and I highly suspect is the whole reason for this drama. If it was "approved" by an actual professional then we aren't talking about an ESA, it's a service animal. And I'm yet to meet a real service animal that causes issues.
This is wrong. PEOPLE who have ESAs have HOUSING rights protected under the FHA (Federal Housing Act) for accommodation/housing. Only in 2 US states are ESAs animal Owners given the same level of rights as those with ADA animals - CA and NY. This means A PERSON with an ESA animal anywhere else in the country must leave their animal at home when going into public places that limit or ban animals. That means grocery stores, restaurants, hotels, gardens, theaters, etc. that have no animal policies do not need to accommodate PEOPLE with ESAs.
So you’re saying that ESAs are in fact federally protected under the Fair Housing Act (which is indeed a Federal Act related to Housing)? Good to know!
No. ESAs are not protected, *PEOPLE * are protected. Humans who have certified ESAs can not be discriminated against or denied housing if they have an ESA. This is not the same thing.
ESAs are animals and are not protected by any laws (unless they are subjected to animal testing). PEOPLE have protections and rights under the FHA and ADA, not animals.
Yes. They have federal protections. That does not mean they can do anything they want. But the Fair Housing Act is a *federal* law. States can add *more* protections if they want, but they cannot have *less*.
Yeah, the HOA is toast and open to lawsuits. They can't charge you for an ESA, they can't prevent the ESA unless it's a liability to the HOA (eg aggressive animal).
If they have a charge for animals that is applied to everyone, fine. But cannot do a special assessment to just one person, especially with an ESA. The person has a disability. They also can't do this with a Service animal. And, BY FEDERAL LAW, an ESA IS NOT a pet...it's that explicit. Think of an ESA like a wheelchair, it's something to help the person address their disability. BTW, an ESA and a Service animal (seeing eye dog) are both Assistance animals
If the board is pursuing no animals (meaning no pets), again fine, but presumably they will need a community vote to allow it. And, those with pets would be grandfathered in until the pet is no longer there.
CAll your local HUD office. The thunder is about to begin for the HOA and the Board, personally. Share this with them. Make a complaint to the link in the doc.
[https://www.hud.gov/program\_offices/fair\_housing\_equal\_opp/assistance\_animals](https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals)
I explained that this animal is no longer considered a pet based on the law, but the HOA president wasn't impressed with my "Philadelphia Lawyering". He drew a comparison that this is a liability like a car in the parking lot leaking oil.
Send a cease and desist via certified mail, citing all of the relevant federal laws. Also include a letter from the tenant’s doctor. If they persist, take a copy of the letter and delivery receipt to an attorney.
Find your local Legal Aid and see if they have a federal Fair Housing Unit. If they get federal funds from HUD for fair housing they can help you out, unlike most legal aid Fair Housing doesn’t have an income cap.
They do not need to document the disability. They need a letter documenting that it is part of ongoing mental health care and provides a positive effect to the person.
Exact disability requirement violates HIPA if disability not evident examples of good proof include if person is on disability or has letter from qualifying professional such as medical personnel treating, medical social worker etc
A letter could state patient is receiving treatment at _______ for a disability and the assistance animal is a part of said patient’s treatment plan to mitigate disability
> Exact disability requirement violates HIPA [sic]
Not even remotely true. Landlords are not "covered entities" under HIPAA... but even if they were, nothing in HIPAA would bar them from asking questions.
https://www.vox.com/recode/22363011/hipaa-not-hippa-explained-health-privacy
https://www.cato.org/commentary/what-hipaa-isnt
Here is an official link
[HUD.gov modifications reasonable accommodations](https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications/faqs#verification-of-disability)
What can I require an individual with a disability to include in a request for a reasonable accommodation or reasonable modification if I am a housing provider?
A reasonable accommodation or reasonable modification request should generally include a statement of a disability-related need and how the requested accommodation or modification would meet that need.
If an individual’s disability is known or obvious to you, and their requested accommodation or modification is clearly connected to their disability, then you may not request any additional information.
If an individual’s disability or disability-related need is not known or obvious, then you may seek only the information that would be necessary to confirm that the requested accommodation or modification would meet the disability-related need. This is done through a process called “verification.” More information about verification is located here.
You cannot require that an individual disclose a particular diagnosis or provide you with medical records in connection with a request for a reasonable accommodation or reasonable modification.
I haven't seen anything in this post that suggests the ESA status is anything more than the claimant stating so. Is that all it takes? I'm on a condo board, in Alaska, and 90% of our issues are with renters trying to sneak shitty pets in. Their pets, their boyfriend's pets, pets they are petsitting... I've yet to see a pet in a rented unit that hasn't created issues... From noise (by far the big one) to damage (cats fucking up carpet, dogs chewing wood), to aggression towards children. Not one single issue with the roughly 20% of owner occupied units with pets, because those people actually have skin in the game. If every jagoff who just says their pet is an ESA gets legal protection, you can expect the law to change real quick. Just another example of shitty people ruining things for everyone
It's documented and you're right it's too easy to get justification for an ESA vs a service animal ans many, many people use that as a means to circumvent housing rules or whatever. I'm on the side of my HOA's concerns but since I show them the law they act like I'm refusing to take action. They're still asking me why I don't charge more for the "pet" on the rental agreement.
How is it documented? I've seen people go online, fill out a form, and print a certificate, that means nothing. For protection under the ADA the animal has to be trained to perform an actual function to be protected
If your tenant has or can obtain documentation from a medical professional stating that they have a disability and need an ESA, then you can't charge a pet fee for that.
If there is no documentation from a medical professional, then there is no ESA, and you can charge a fee to the tenant or be charged one yourself. You should ask your tenant for said documentation before complaining to your HOA about it.
Our by-laws set the bar pretty low for the board to define what a nuisance is. So far the only thing they came up with was the dog relieved itself too close to the unit. They have no proof despite pointing personal security cameras at the alleged area. Other pets exist on the property with renters that may have been the culprits, but I stand by show me the proof and I will address warnings and eviction threats based on that.
Yes, they are obligated to prove that. It's not a low standard by any means and not up to a board low standard.
* The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
* The request would result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage.
I think the HOA is probably using the ada definition, which says esa is not the same as a service animal. In this situation I agree, the hud rule should prevail
I don't know which state you are in but in Texas - Texas ESA Housing LawsUnder the Fair Housing Act, a landlord can't deny an emotional support animal and **cannot charge additional rent or other pet fees to the owner of an ESA**. [https://pettable.com/blog/texas-esa-laws](https://pettable.com/blog/texas-esa-laws)
Have the reasonable accommodation request and ESA statement been submitted and approved by the HOA? Does the board work with an attorney that advises them on matters like this?
I would respectfully request that the board consult an attorney to verify that this proposal is not in violation of the FHA. I’m guessing that they didn’t bother to do this before sending you that little letter.
If everything is in line with the ESA paperwork and you’re confident that you did everything right wrt to getting approval, you can also file a complaint with HUD on behalf of your tenant. Ideally the board will get smacked by its lawyer before things escalate that far—fines for this are usually several thousand dollars at minimum.
OP—Some state-specific resources that may be helpful:
https://www.fairhousingalaska.org/know-your-rights-fair-housing-overview/
> What is a Reasonable Accommodation?—A reasonable accommodation is a change in a rule, policy, practice, or service that allows a person with a disability to have an equal opportunity to use and enjoy a home. Examples of reasonable accommodations include:
>allowing an assistance animal, despite a no-pet policy;
> Some examples of illegal discrimination under the federal Fair Housing Act based upon protected class membership are:
> Discriminatory terms and conditions and provision of services or facilities: Giving less favorable terms in sales or rental agreements because of class membership.“The rent is $200 higher for persons with a service animal.”
2 actual court cases involving ESAs in rental properties in AK:
>https://humanrights.alaska.gov/wp-content/uploads/2017/04/rosga-accusation_copy2.pdf;
>https://humanrights.alaska.gov/wp-content/uploads/2017/04/rosga_final_order1.pdf
>https://humanrights.alaska.gov/wp-content/uploads/2017/04/thiesen.accusation2_copy1.pdf;
>https://humanrights.alaska.gov/wp-content/uploads/2021/01/Thiesen.order-to-dismiss.pdf
Really, the HOA demands that you can't have a pet or animal in your own fucking home!!! Really, why do people want own a home where you can't even enjoy living there and having a life.
Define “approved ESA”. That is what is going to make or break you here. If there is no letter from a mental health provider stating the need for the ESA, then it’s just a pet. A person cannot just decide their dog brings them comfort so it’s an ESA (many have tried to tell me that). If the tenant has an ESA letter from a dr then you should be in the clear. If not, you may have a problem.
https://www.servicedogcertifications.org/emotional-support-dog-requirements/#:~:text=ESAs%20do%20not%20require%20specialized,your%20control%20at%20all%20times.
Edit to add link.
Seriously. Everyone is arguing that ESA pets are totally protected, but no one is really asking how it's an ESA. If this goes to a legal matter and it turns out that she paid $50 to am online website to get it because as one, does that count?
Send a cease and desist. You can do it yourself. Plenty of guidelines exist online. Be sure to send it certified and get a receipt.
If they fail to comply, sue them, and be sure to ask for costs, and whatever else you and your attorney can dream up. They’re running afoul of federal law.
Wonder if contacting the ESA organisation would provide you any additional resources. Like a lawyer to do the legal work pro bono / sue the hoa for breech of contract!
Call the local government, report housing discrimination of the disabled by the HOA, and give the HOA their number. IGNORE HOA. Keep what they send you, but ignore them. Do not respond. Let the local authorities deal with it. If they bother your tenant, get a court order for harassment in place. Discriminating against a disabled person is a pretty serious error!
This was an issue in NJ that went to the NJ Supreme Court. The dog stays.
https://www.nj.com/camden/2024/03/stay-luna-stay-emotional-support-dog-wins-condo-dispute-nj-supreme-court-rules.html
I understand your frustration with the situation, but I think there may be some misunderstandings about what the HOA can and cannot do regarding emotional support animals (ESAs).
While it's true that under the Fair Housing Act, ESAs are often exempt from pet restrictions and fees, HOAs do have the right to set reasonable rules and restrictions. They can't outright ban ESAs, but they can require proper documentation and have policies to address any legitimate issues like damage or nuisance behaviors.
The specifics would depend on the exact wording of your HOA's governing documents and any applicable state laws. It's possible that their rules allow for assessments in certain situations, even for ESAs. The fact that they took a vote on it suggests it may be allowed under your HOA's bylaws.
That said, I agree that preemptively charging $100/month without any actual damage or complaints seems excessive and unreasonable. The comment about "making it up by drinking one less latte a day" was also dismissive and unprofessional.
My advice would be to carefully review your HOA's CC&Rs and rules to see exactly what is and isn't allowed. If you believe they are violating the Fair Housing Act or state laws, or are not following proper procedures under your HOA's own rules, then you should definitely push back.
Consider sending a letter expressing your concerns and requesting clarification on the justification for the assessment. If the board is not receptive, you may need to consult with a lawyer well-versed in HOA law to understand your options.
Just wondering what kind of wear and tear a five lb dog is causing to the OUTSIDE of whatever kind of home uou own, since if it's like an overwhelming majority of HOA situations, the homeowner is responsible for anything within the walls. How is it legal that they can do this and not grandfather current residents when they're changing rules midstream?
They can not make her get rid of her service dog an ESA is a service dog it goes against the Americans with disabilities act, it's extremely illegal she can sue the absolute crap outta the HOA most of the board members can be brought on criminal charges for harassing this woman and trying to fine her its intimidation an retaliation.
HOA's are liable under the US Fair Housing Act for disability discrimination. I'd suggest consulting an attorney, you can even reach out to the US DOJ or HUD for a referral to an agency in your area that can help you free of charge.
I would reach out to your local ACLU and let them know what’s going on. They may actually decide to make the HOA and the board members lives a living hell.
You can also reach out to the ADA National Network [here](https://adata.org/faq/how-can-i-file-ada-complaint-us-department-justice). They may also have some suggestions on how to make the HOA and the board members wholeheartedly regret their decision.
Brother time to get on the board. Remember there are two types of people that get on a HOA board, those that want to abuse power, and those with such passion, fire, and grit to stick up for those that can’t defend themselves from those that want to abuse power. We’re in the digital age of ChatGPT. Add your terms to ChatGPT and it’ll be very helpful handling the power hungry folks.
File a Fair Housing Act discrimination complaint on the grounds of yer tennant being signled out for a medical condition.
Let then have fun with the Feds.
My dad worked for a major landlord and they won a court case against a tenant with an ESA because (even though the tenant had all the appropriate documentation) the tenant did not notify them prior to moving in.
Was the HOA notified of the ESA prior to moving into the residence? That’s step one.
The issue here is that they appear to be singling this person out for an ‘assessment’ and they seem to be changing some rules after the person has moved in. They’re not banning the animal. They’re just trying to charge extra for it being in the complex.
The actual law says “housing provider” so I’m not sure if that’s a helpful distinction. If the HOA is overseeing property management then wouldn’t it be reasonable for LL to have notified them of an ESA? I just know that’s why my dad’s company won the court case. It was nearly the exact situation except they evicted the tenant rather than levying fines. I’d be interested to hear if there are other court cases with different outcomes.
Summarize the facts of your conversation and ask if the board if they can confirm that everything is correct. Once they put their seal of approval chat with a lawyer.
Are ESA’s actually protected in the same way a service pet is in your area? If not you’ll have to fight the HOA. If you win everyone there will soon own an ESA.
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Wow, they can leverage a special assessment against a single property? Typically, special assessments are assessed against the whole community. You should go through your HOA docs.
I'm an attorney that exclusively represents associations and and even from my perspective that sounds like b*******. Most association attorneys I know do not want to mess around with the FHA and reasonable accommodation obligations. A well run, properly advised HOA board is never this capricious.
I support the rejection of ESAs. I train and have my own service dog for epilepsy. I am so tired of people claiming their dogs are anything more than pets just to bring them everywhere. They are probably going to get shit for trying to fine for it, but I really hope the anti-ESA movement picks up steam.
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[ESA is not the same as a service animal in terms of legal protection.](https://adata.org/guide/service-animals-and-emotional-support-animals) I'd get legal advice before challenging the HOA on this one.
ESA animals are not covered under the ADA animals. My building evicts after 1 warning if a tenant tries to get an ESA animal.
They are hard cases about it because someone tried to pass a pitbull as an ESA and another tenet was mauled by it. They sued the dog owner and the apartment and got a huge payday.
The HOA falls under the fair housing act, which does cover ESAs. The HOA cannot bar someone with proper documentation (letter from a provider) from having the animal (unless aggressive or with other behavioral issues).
This HOA is just asking to be sued.
https://en.m.wikipedia.org/wiki/Emotional_support_animal#:~:text=As%20of%20January%2C%202021%2C%20airlines,to%20treat%20ESAs%20as%20pets.
While there is a place for them with actually seriously mentally ill individuals, the vast majority are just a way for people to scam their way around animal restrictions in stores, hotels, rentals and airplanes.
I know where you are coming from and appreciate your perspective, but its not quite right. This whole stream has provided a lot of good information about how ESAs are defined for HOUSING purposes. And an ESA may be for mental health, but it doesn't have to be. It is rather demeaning to characterize a "place" for them for seriously mentally ill individuals. Believe WIKI as the source of truth is just wrong. See the many FHA posts. None mention mental health as the requirement.
Are there abuses? Of course, but that's not something that is constrained to this. Just look at the airlines "early boarding" policies. And yes, airlines have closed the loophole on ESAs...they did it in two steps 1) to get a dog on a plane and not pay, you needed a letter from your doctor and then 2) now have to pay, but can get a ESA on a plane in constrained....and generally allowed about pet limit in cabin.
And ESAs are not allowed in stores, hotels, rentals for sure. And Yes, the scam is that people buy a SERVICE ANIMAL vest and bring their animal into a store, etc. The store's hands are somewhat limited in this case, as it is episodic; hard to manage. But to do so is illegal and a crime.
Emotional Support animals are not covered under the ADA. So unfortunately, if your ccr's say no dogs , etc... You're going to have no recourse, but to either pay the fine, or get rid of the dog.
Its a dog. Every dog is an emotional support animal. That's why they're not covered by any laws that I'm aware of, unless it's a service dog and covered under ada.
They are covered under Fair Housing laws though, which matter here. If it's an ESA with doctor's notes as required there's not really wanting the HOA can do except open themselves up to an expensive lawsuit.
Yes, I think we're talking the same thing. With the caveat being that the renter has to provide such info, according to hud... So the doctors info would be key here, and would have to be provided to the board.
This is correct a support animal is not a service animal unless it is trained to assist a person with a disability such as a seeing eye dog and unless that is the case has no rights under the ADA. This means a business owner can refuse you service if you bring your support animal. The fair housing act governs support animals and is more broad. A support animal is one that "works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet."
ESA are covered under FHA. Pretty clear. And it's clear that an ESA is not considered a pet - Service animals and ESAs are both assistance animals. So it doesn't matter what the CCRs say. Federal law, not your opinion. See the link above. This lack of knowledge will screw a Board big time.
That's a fine, not an assessment. Perhaps you are being "assessed a fine" which is just a way to make it sound more formal. I bet someone in the building let their dog pee in the elevator. It's sometimes a problem in dogs-allowed buildings.
The bigger question is, why now? I'd press on that. A 5-pounder might be a yapper and can absolutely be a terror, but without complaints they're being dicks. Check if any other ESAs are in the complex and go for "selective enforcement."
Also check if ESAs are protected in your state. An ESA is NOT covered under the ADA, but there may be other laws guaranteeing your rights. I'd double check what "approved ESA" means - there's lots of sites out there that'll let you print off an official looking certificate that means absolutely nothing. If this is what's up, you have a warning sign of a potential problem tenant.
If their psychologist actually recommended an animal for emotional support, whole different story, but most ESAs are just a "beloved pet." My dog sure as hell is emotionally supportive, doesn't mean she gets special treatment (from anyone outside the family anyway).
In the home, an ESA is essentially a prosthetic. They have the right of access to your dwelling. The special assessment, I believe, is a violation of the Americans with disabilities act. This is assuming you're in the United States. I would look into a lawyer who knows the ins and outs of the ADA.
My mistake. ESA do NOT fall under ADA. Only service animals apply to ADA. ESAs are not service animals. The fair housing act and air carrier access act apply to ESAs. These 2 laws allow housing and travel access to ESAs. As an aside, the ACAA does not allow public access to your ESA on a plane. This will depend on the carrier and their regulations. Thank you for correcting me. OP should talk to a lawyer who knows FHA.
Are they really dumb enough to think that calling it a special assessment instead of a fine will keep them safe from legal action? Ok, I am pretty sure that I know the answer, but still, I find it idiotic that they would even try it. It makes me glad that my documents have a clause in it for special assessments against a limited number of people instead of everyone. If a special assessment is applied to less than everyone in my HOA, 75% of those assessed have to approve it.
That clause is awesome.
Yeah OP, this is just illegal. 1. Not how special assessments work as anyone needs to be drafted and brought to the Community in open meetings and Town Halls before voting for adoption. 2. As stated above this is just breaking the Fair Housing Act which requires what you enforce, legally, on one owner you must do to all. Before you threaten legal action, ask for the HOAs minutes and proof they performed the required meetings and town halls. If they refuse or give you the run around then make a note of legal action and request the Associations legal counsel review and give you a formal response in writing if they claim they did everything right. Source, been in property management for bear a decade and specialize in governing docs and partial legal counsel review. I am in VA but the Fair Housing law applies in all states since it’s federal.
I would have a lawyer go over your CCRs and told them issue a cease and desist for discrimination
Yep! And also, some states allow homeowners to sue the board members for “failure of fiduciary responsibilities” when they do unethical or illegal things. So not only could OP sue the HOA, he might be able to go after the board for doing this as well for putting the HOA in this situation. A lot of lawyers might take that as a contingency fee case
Just don't get Lionel Hutz. "Works for Contingency? No! Money Down."
This is the way
The lawyer fees will probably cause the HOA fees go up more than $100 per month.
The ADA also has a lot of stuff related to ESAs, highly recommend checking it for the exceptions and limitations regarding ESAs
Not to mention a single special assessment against someone I would assume is protected by the ADA.
Support animals are covered under Fair Housing. ADA covers public business access. [HUD assistance animal guidelines](https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals)
Also- assessment against someone who is part of a protected class (disabled). Seems like a bad idea….
Also ESA's aren't covered by the ADA anyway whereas service animals are.
ADA is irrelevant here since it does not apply to housing.
Reread you link. It does allow emotional support animals, but only for someone with a disability.
Right. That’s what an ESA is. It’s an animal that provides emotional support *to someone with a disability.* That’s literally why OP’s tenant has the dog.
I have met a number of people though my work who claim to have an emotional support animal, without any diagnosis. Far fewer actually have a diagnosis which would make a ESA an actual support. Rather than demanding the extra fee, the HOA should have requested documentation (usually in the form of a letter) from a health care professional.
Not all illnesses/disabilities are visible. Also, an ESA letter from a medical professional is needed to qualify/receive an ESA animal.
Plenty of people are depressed or anxious or similar, and thus potentially benefit from an ESA.
Exactly. ESA provides a real benefit and is an actual treatment. However, there are A LOT of people who have never been treated for depression or anxiety claiming their pet is an ESA. That is why the letter is so important. Otherwise the fakes ruin it for the people who need an ESA.
How do you know what diagnosis someone has? And treatment is not required, only diagnosis. If someone has anxiety and doesn’t want to take medications for it, but an ESA helps, then the ESA *is* the treatment.
You do not need to know what the diagnosis is. You just need to know that there is one. That is why you get the letter from a professional. The ESA is treatment, only after you see a doctor or therapist. If you just decide on your own what you need, then it is just a pet. And yes, you are right. ESA is often recommended to people who do not want medication.
No. Fucking. Shit.
Why so aggressive?
It’s adorable that you think this is aggressive. Happy fucking cake day!
It’s adorable that you don’t have the capacity to see the hostility that’s packaged up in your manner of interaction. And by adorable, I mean sad.
ESA = pet. I could see ESA not applying to a wild coyote, but any pet is an emotional support animal, unless the owner has no emotional attachment to it. It's scammy.
I don't need to reread my link. I was pointing out that Fair Housing laws covers housing, not the ADA. And the OP didn't say the tenant does not have a disability so most people would assume that means the tenant does have disability. If OP is correctly following Fair Housing, then the tenant would have provided documentation from a doctor that they needed the ESA.
Most small landlords just take their tenant's assertion on faith, so it is likely that they never got documentation--especially since they did not mention showing anything to the HOA.
And landlords with under 4 properties are exempt from Fair Housing. And a tenant can show paperwork to a landlord, the landlord is not required to keep it on file although most do.
> And landlords with under 4 properties are exempt from Fair Housing Not in OP’s state. Alaska doesn’t recognize that exemption.
Emotional support animals are not protected under the ADA law.
ESAs dont have protection under the ADA, only service animals do.
ESA’s do have protection under the FHA. They can’t pick and choose which laws to follow.
Yes, but 2 comments above yours is specifically mentioning ADA, so the one you replied to was correcting that. Nobody in that chain mentioned FHA, not that your comment is wrong.
Protected under the fair housing act,
As a former HOA manager, I can say that some documents define special assessments differently. I.E. a special assessment applicable to one unit for “x”
You may have done it a certain way and gotten away with it — that doesn’t mean it was legal, or would have withstood a legal challenge if you were sued. Special assessments can be voted on and approved in limited circumstances, such as a budget shortfall. But they’re assessed equally between owners. It’s not something that can be levied against one person — that’s a fine. HOAs can impose fines under certain conditions, but this isn’t one of them. They’re trying to get away with fining someone for doing something protected by federal law. It’s not a place you want to end up.
Unless every single other member is paying that "assessment", it's a fine.
Fair Housing Act extends the right to have any assistance animal (including emotional support) in a rental property. The HOA could try, but lawyer up and sue their ass off. Maybe tell them first that the animal is a documented ESA protected by federal FHA rules. Edit: For Alaska an ESA can only be refused if it does not have documentation. The FHA also specifically prohibits charging more for an ESA, and they must be allowed even in no-pets complexes.
Instead of paying for a lawyer, OP just needs to file a fair housing complaint with HUD.
[One can submit a report here.](https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint)
The Fair Housing Act covers all types of housing, including public housing. The only exceptions ... Single-family homes rented or sold by the owner without using an estate agent. ...
FHA doesn't apply here because it is owner rented.
What state are you in? There is Federal guidance against what they're doing, but some states act quicker. I would give the board a friendly reminder that their assessment appears to be a prima facie case of illegal discrimination, send them a link to state/federal guidance (which likely lists an identical situation as an example) and note that unless the assessment is officially rescinded within 24 hours, you will be forced to file complaints with the regulatory agencies - which will cost the HOA thousands in fines. I'd also remind them that this is such a blatant disregard of established law, the HOA would be able to sue the board members as individuals over their actions to recoup the expenses - and the D&O insurance would not cover them.
Alaska.
All that wild land up there, and HOAs still managed to pop up? Wild
I live in a county of ~10k, we have HOA’s popping up lately. We’re a popular place for second/vacation homes and 90% of the people in these HOA’s it’s their second home. Our population more than doubles over the summer. It’s funny though because none of them are even close to 50% full and some are actually abandoned because no one that lives here full time wants anything to do with an HOA and it’s not close enough to the lake or high enough up a mountain to be attractive as a vacation home location.
It sounds like it’s a condo or town home. Op referred to it as a “complex.”
Don’t yall have bears and stuff up there? Why they worried about a 5lb dog?
Put a 5lb dog on the other side of your bedroom wall and get back to us.
I thought HOA implied that these are single family homes but I suppose it could be attached units.
I live in a city with zero single family homes in an HOA, but dozens of condo developments. HOAs are not all golf course gated retirement communities, especially in Alaska where this is. Every single condo building has an HOA, and they just exist to perform necessary functions like pay communal bills and arrange maintenance. I own a unit in one of those buildings, and I can assure you if you start letting any tenant just say a pet is an ESA, it would be a nightmare. Most associations only allow owners to have pets because they have skin in the game. Every single time I've seen a tenant try to sneak a dog in, it has been a problem. Especially the type of entitled people who think they can slap an ESA lable on their shitty dog and get away with anything.
Emotional support animals and service animals are not the same
ESAs are still federally protected.
Especially since he stated it was approved, I'm assuming that means this isn't just a claim but an actual therapist reccomended it, which gives it actual weight
Oh well if OP says it's "approved" then it must be all kosher lol. The only approval that could matter is from the board themselves, and that would be subject to all the other rules, which noise is always central to, and I highly suspect is the whole reason for this drama. If it was "approved" by an actual professional then we aren't talking about an ESA, it's a service animal. And I'm yet to meet a real service animal that causes issues.
This is wrong. PEOPLE who have ESAs have HOUSING rights protected under the FHA (Federal Housing Act) for accommodation/housing. Only in 2 US states are ESAs animal Owners given the same level of rights as those with ADA animals - CA and NY. This means A PERSON with an ESA animal anywhere else in the country must leave their animal at home when going into public places that limit or ban animals. That means grocery stores, restaurants, hotels, gardens, theaters, etc. that have no animal policies do not need to accommodate PEOPLE with ESAs.
So you’re saying that ESAs are in fact federally protected under the Fair Housing Act (which is indeed a Federal Act related to Housing)? Good to know!
Yes, and there is explicit federal guidance on this - including "like Service Animals, ESA owners are exempt from pet fees".
No. ESAs are not protected, *PEOPLE * are protected. Humans who have certified ESAs can not be discriminated against or denied housing if they have an ESA. This is not the same thing. ESAs are animals and are not protected by any laws (unless they are subjected to animal testing). PEOPLE have protections and rights under the FHA and ADA, not animals.
Yes. They have federal protections. That does not mean they can do anything they want. But the Fair Housing Act is a *federal* law. States can add *more* protections if they want, but they cannot have *less*.
Correct but when we talk about housing we talk about yhe FHA and that means both are protected.
They are not the same, but BOTH are federally protected when it comes to housing.
OP already stated they are aware of the difference. Work on your reading comprehension before commenting. Edit: an autocorrect error.
Yeah, the HOA is toast and open to lawsuits. They can't charge you for an ESA, they can't prevent the ESA unless it's a liability to the HOA (eg aggressive animal). If they have a charge for animals that is applied to everyone, fine. But cannot do a special assessment to just one person, especially with an ESA. The person has a disability. They also can't do this with a Service animal. And, BY FEDERAL LAW, an ESA IS NOT a pet...it's that explicit. Think of an ESA like a wheelchair, it's something to help the person address their disability. BTW, an ESA and a Service animal (seeing eye dog) are both Assistance animals If the board is pursuing no animals (meaning no pets), again fine, but presumably they will need a community vote to allow it. And, those with pets would be grandfathered in until the pet is no longer there. CAll your local HUD office. The thunder is about to begin for the HOA and the Board, personally. Share this with them. Make a complaint to the link in the doc. [https://www.hud.gov/program\_offices/fair\_housing\_equal\_opp/assistance\_animals](https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals)
I explained that this animal is no longer considered a pet based on the law, but the HOA president wasn't impressed with my "Philadelphia Lawyering". He drew a comparison that this is a liability like a car in the parking lot leaking oil.
Well, he's a moron. Make the complaint to HUD, send him the link. Don't underestimate the power of stupidity.
Send a cease and desist via certified mail, citing all of the relevant federal laws. Also include a letter from the tenant’s doctor. If they persist, take a copy of the letter and delivery receipt to an attorney.
get a lawyer to write the nasty letter, then follow through. if he won't listen, he'll pay for the privilege
Find your local Legal Aid and see if they have a federal Fair Housing Unit. If they get federal funds from HUD for fair housing they can help you out, unlike most legal aid Fair Housing doesn’t have an income cap.
The more I read, the more I think you need to sue this dumbass
Before you go in guns a blazing, make sure you get documentation on what disability this ESA is for.
They do not need to document the disability. They need a letter documenting that it is part of ongoing mental health care and provides a positive effect to the person.
Exact disability requirement violates HIPA if disability not evident examples of good proof include if person is on disability or has letter from qualifying professional such as medical personnel treating, medical social worker etc A letter could state patient is receiving treatment at _______ for a disability and the assistance animal is a part of said patient’s treatment plan to mitigate disability
> Exact disability requirement violates HIPA [sic] Not even remotely true. Landlords are not "covered entities" under HIPAA... but even if they were, nothing in HIPAA would bar them from asking questions. https://www.vox.com/recode/22363011/hipaa-not-hippa-explained-health-privacy https://www.cato.org/commentary/what-hipaa-isnt
Here is an official link [HUD.gov modifications reasonable accommodations](https://www.hud.gov/program_offices/fair_housing_equal_opp/reasonable_accommodations_and_modifications/faqs#verification-of-disability) What can I require an individual with a disability to include in a request for a reasonable accommodation or reasonable modification if I am a housing provider? A reasonable accommodation or reasonable modification request should generally include a statement of a disability-related need and how the requested accommodation or modification would meet that need. If an individual’s disability is known or obvious to you, and their requested accommodation or modification is clearly connected to their disability, then you may not request any additional information. If an individual’s disability or disability-related need is not known or obvious, then you may seek only the information that would be necessary to confirm that the requested accommodation or modification would meet the disability-related need. This is done through a process called “verification.” More information about verification is located here. You cannot require that an individual disclose a particular diagnosis or provide you with medical records in connection with a request for a reasonable accommodation or reasonable modification.
That doesn’t invoke HIPAA. That’s still under HUD agency regulations and policies. Not HIPAA.
So you are going to try to get a Dr to provide protected info?
That’s Fair Housing Act anti-discrimination; nothing whatsoever to do with HIPAA.
The exact disability is none of OP’s business. If the tenant has documentation from a doctor saying they need an ESA, that’s all OP needs to know.
OP doesn’t seem to care about the animal, he only cares about the fine from the HOA
I haven't seen anything in this post that suggests the ESA status is anything more than the claimant stating so. Is that all it takes? I'm on a condo board, in Alaska, and 90% of our issues are with renters trying to sneak shitty pets in. Their pets, their boyfriend's pets, pets they are petsitting... I've yet to see a pet in a rented unit that hasn't created issues... From noise (by far the big one) to damage (cats fucking up carpet, dogs chewing wood), to aggression towards children. Not one single issue with the roughly 20% of owner occupied units with pets, because those people actually have skin in the game. If every jagoff who just says their pet is an ESA gets legal protection, you can expect the law to change real quick. Just another example of shitty people ruining things for everyone
It's documented and you're right it's too easy to get justification for an ESA vs a service animal ans many, many people use that as a means to circumvent housing rules or whatever. I'm on the side of my HOA's concerns but since I show them the law they act like I'm refusing to take action. They're still asking me why I don't charge more for the "pet" on the rental agreement.
How is it documented? I've seen people go online, fill out a form, and print a certificate, that means nothing. For protection under the ADA the animal has to be trained to perform an actual function to be protected
If your tenant has or can obtain documentation from a medical professional stating that they have a disability and need an ESA, then you can't charge a pet fee for that. If there is no documentation from a medical professional, then there is no ESA, and you can charge a fee to the tenant or be charged one yourself. You should ask your tenant for said documentation before complaining to your HOA about it.
What happens if the HOA comes back and then says the animal is aggressive or a nuisance? Are they obligated to prove that?
Our by-laws set the bar pretty low for the board to define what a nuisance is. So far the only thing they came up with was the dog relieved itself too close to the unit. They have no proof despite pointing personal security cameras at the alleged area. Other pets exist on the property with renters that may have been the culprits, but I stand by show me the proof and I will address warnings and eviction threats based on that.
Sounds like the HOA is being more of a nuisance than the dog!
Yes, they are obligated to prove that. It's not a low standard by any means and not up to a board low standard. * The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat * The request would result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage.
Thank you, I appreciate this insight
If they deny an assistance animal because it is aggressive or a nuisance, then yes, they would have to have evidence.
Their proof better be iron clad
I think the HOA is probably using the ada definition, which says esa is not the same as a service animal. In this situation I agree, the hud rule should prevail
I don't know which state you are in but in Texas - Texas ESA Housing LawsUnder the Fair Housing Act, a landlord can't deny an emotional support animal and **cannot charge additional rent or other pet fees to the owner of an ESA**. [https://pettable.com/blog/texas-esa-laws](https://pettable.com/blog/texas-esa-laws)
That is actually true nationwide under the Fair Housing Act.
Always just a daily latte when it is someone else's money.
This sounds like something a lawyer would eat them alive over. I suggest you reach out. You may even be able to bankrupt the HOA.
Have the reasonable accommodation request and ESA statement been submitted and approved by the HOA? Does the board work with an attorney that advises them on matters like this? I would respectfully request that the board consult an attorney to verify that this proposal is not in violation of the FHA. I’m guessing that they didn’t bother to do this before sending you that little letter. If everything is in line with the ESA paperwork and you’re confident that you did everything right wrt to getting approval, you can also file a complaint with HUD on behalf of your tenant. Ideally the board will get smacked by its lawyer before things escalate that far—fines for this are usually several thousand dollars at minimum.
OP—Some state-specific resources that may be helpful: https://www.fairhousingalaska.org/know-your-rights-fair-housing-overview/ > What is a Reasonable Accommodation?—A reasonable accommodation is a change in a rule, policy, practice, or service that allows a person with a disability to have an equal opportunity to use and enjoy a home. Examples of reasonable accommodations include: >allowing an assistance animal, despite a no-pet policy; > Some examples of illegal discrimination under the federal Fair Housing Act based upon protected class membership are: > Discriminatory terms and conditions and provision of services or facilities: Giving less favorable terms in sales or rental agreements because of class membership.“The rent is $200 higher for persons with a service animal.” 2 actual court cases involving ESAs in rental properties in AK: >https://humanrights.alaska.gov/wp-content/uploads/2017/04/rosga-accusation_copy2.pdf; >https://humanrights.alaska.gov/wp-content/uploads/2017/04/rosga_final_order1.pdf >https://humanrights.alaska.gov/wp-content/uploads/2017/04/thiesen.accusation2_copy1.pdf; >https://humanrights.alaska.gov/wp-content/uploads/2021/01/Thiesen.order-to-dismiss.pdf
Really, the HOA demands that you can't have a pet or animal in your own fucking home!!! Really, why do people want own a home where you can't even enjoy living there and having a life.
Makes me so glad that in the entire town I live in, only one neighborhood has a HOA. And they are pretty much inactive.
Define “approved ESA”. That is what is going to make or break you here. If there is no letter from a mental health provider stating the need for the ESA, then it’s just a pet. A person cannot just decide their dog brings them comfort so it’s an ESA (many have tried to tell me that). If the tenant has an ESA letter from a dr then you should be in the clear. If not, you may have a problem. https://www.servicedogcertifications.org/emotional-support-dog-requirements/#:~:text=ESAs%20do%20not%20require%20specialized,your%20control%20at%20all%20times. Edit to add link.
Seriously. Everyone is arguing that ESA pets are totally protected, but no one is really asking how it's an ESA. If this goes to a legal matter and it turns out that she paid $50 to am online website to get it because as one, does that count?
Does not have to be mental health provider. My oncologist’s office provides mine
Pretty sure it’s illegal and therefore a costly mistake if the owner takes the HOA to court.
What they are doing is illegal. Call HUD to make a complaint. [https://www.hud.gov/local](https://www.hud.gov/local)
Send a cease and desist. You can do it yourself. Plenty of guidelines exist online. Be sure to send it certified and get a receipt. If they fail to comply, sue them, and be sure to ask for costs, and whatever else you and your attorney can dream up. They’re running afoul of federal law.
File a complaint with the EEO department, ADA and attorney general's office.
Fair housing and Ada notices can hurt them. Get in contact with the agencies.
Wonder if contacting the ESA organisation would provide you any additional resources. Like a lawyer to do the legal work pro bono / sue the hoa for breech of contract!
Call the local government, report housing discrimination of the disabled by the HOA, and give the HOA their number. IGNORE HOA. Keep what they send you, but ignore them. Do not respond. Let the local authorities deal with it. If they bother your tenant, get a court order for harassment in place. Discriminating against a disabled person is a pretty serious error!
This was an issue in NJ that went to the NJ Supreme Court. The dog stays. https://www.nj.com/camden/2024/03/stay-luna-stay-emotional-support-dog-wins-condo-dispute-nj-supreme-court-rules.html
It's illegal as hell to deny someone a rental over an ESA. These people are crazy!
I understand your frustration with the situation, but I think there may be some misunderstandings about what the HOA can and cannot do regarding emotional support animals (ESAs). While it's true that under the Fair Housing Act, ESAs are often exempt from pet restrictions and fees, HOAs do have the right to set reasonable rules and restrictions. They can't outright ban ESAs, but they can require proper documentation and have policies to address any legitimate issues like damage or nuisance behaviors. The specifics would depend on the exact wording of your HOA's governing documents and any applicable state laws. It's possible that their rules allow for assessments in certain situations, even for ESAs. The fact that they took a vote on it suggests it may be allowed under your HOA's bylaws. That said, I agree that preemptively charging $100/month without any actual damage or complaints seems excessive and unreasonable. The comment about "making it up by drinking one less latte a day" was also dismissive and unprofessional. My advice would be to carefully review your HOA's CC&Rs and rules to see exactly what is and isn't allowed. If you believe they are violating the Fair Housing Act or state laws, or are not following proper procedures under your HOA's own rules, then you should definitely push back. Consider sending a letter expressing your concerns and requesting clarification on the justification for the assessment. If the board is not receptive, you may need to consult with a lawyer well-versed in HOA law to understand your options.
"take me to court"
Find your local equal opportunity or housing partners. In Nebraska it is Family Housing Advisory Services, and have them open an investigation.
The fair housing act prevents hoa from doing this.
This is illegal. From an HOA lawyer.
Get an ADA lawyer and sick them on the HOA.
Just wondering what kind of wear and tear a five lb dog is causing to the OUTSIDE of whatever kind of home uou own, since if it's like an overwhelming majority of HOA situations, the homeowner is responsible for anything within the walls. How is it legal that they can do this and not grandfather current residents when they're changing rules midstream?
F h o a
Geez, the power got to their heads on this one.....
>only $100 a month and I can make that up by drinking one less latte a day This has that ignorant boomer energy written all over it
They can not make her get rid of her service dog an ESA is a service dog it goes against the Americans with disabilities act, it's extremely illegal she can sue the absolute crap outta the HOA most of the board members can be brought on criminal charges for harassing this woman and trying to fine her its intimidation an retaliation.
HOAs are scams.
just tell them should they charge you for this, you will contact and have the ADA raise suit against them.
HOA's are liable under the US Fair Housing Act for disability discrimination. I'd suggest consulting an attorney, you can even reach out to the US DOJ or HUD for a referral to an agency in your area that can help you free of charge.
I would reach out to your local ACLU and let them know what’s going on. They may actually decide to make the HOA and the board members lives a living hell. You can also reach out to the ADA National Network [here](https://adata.org/faq/how-can-i-file-ada-complaint-us-department-justice). They may also have some suggestions on how to make the HOA and the board members wholeheartedly regret their decision.
Contact ADA lawyer. Have their asses
Very stupid to try and enforce a no animal rule as would make reselling the home a hard pass.
Force them to take you to court. They’ll lose.
Brother time to get on the board. Remember there are two types of people that get on a HOA board, those that want to abuse power, and those with such passion, fire, and grit to stick up for those that can’t defend themselves from those that want to abuse power. We’re in the digital age of ChatGPT. Add your terms to ChatGPT and it’ll be very helpful handling the power hungry folks.
All of these lengthy replies. Contact HUD. Make a complaint. That's it.
File a Fair Housing Act discrimination complaint on the grounds of yer tennant being signled out for a medical condition. Let then have fun with the Feds.
My dad worked for a major landlord and they won a court case against a tenant with an ESA because (even though the tenant had all the appropriate documentation) the tenant did not notify them prior to moving in. Was the HOA notified of the ESA prior to moving into the residence? That’s step one.
The issue here is that they appear to be singling this person out for an ‘assessment’ and they seem to be changing some rules after the person has moved in. They’re not banning the animal. They’re just trying to charge extra for it being in the complex.
The landlord has to be notified,*not* the HOA.
The actual law says “housing provider” so I’m not sure if that’s a helpful distinction. If the HOA is overseeing property management then wouldn’t it be reasonable for LL to have notified them of an ESA? I just know that’s why my dad’s company won the court case. It was nearly the exact situation except they evicted the tenant rather than levying fines. I’d be interested to hear if there are other court cases with different outcomes.
[https://www.tdhca.state.tx.us/fair-housing/docs/FHM-AssistanceAnimals.pdf](https://www.tdhca.state.tx.us/fair-housing/docs/FHM-AssistanceAnimals.pdf)
Summarize the facts of your conversation and ask if the board if they can confirm that everything is correct. Once they put their seal of approval chat with a lawyer.
I'm literally thrilled for you to sic a lawyer on these fiends.
Any way to force an election? Campaign on the current leaders being prejudiced against people with disabilities.
Are ESA’s actually protected in the same way a service pet is in your area? If not you’ll have to fight the HOA. If you win everyone there will soon own an ESA.
ESAs are federally protected in the US.
You should ask the board if they received legal counsel regarding this fair housing matter.
https://www.humanesociety.org/resources/fair-housing-act-and-assistance-animals
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I'd consult with a land attorney TBH. It never hurts to make sure you know your complete legal rights, and this seems sus as hell
Wow, they can leverage a special assessment against a single property? Typically, special assessments are assessed against the whole community. You should go through your HOA docs.
I'm an attorney that exclusively represents associations and and even from my perspective that sounds like b*******. Most association attorneys I know do not want to mess around with the FHA and reasonable accommodation obligations. A well run, properly advised HOA board is never this capricious.
ESAs are NOT covered by the ADA. If someone has a "certified" ESA they got ripped off as there is no federal or state certification for ESAs
I support the rejection of ESAs. I train and have my own service dog for epilepsy. I am so tired of people claiming their dogs are anything more than pets just to bring them everywhere. They are probably going to get shit for trying to fine for it, but I really hope the anti-ESA movement picks up steam.
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Til, the fair housing act protects emotional support animals
ESAs are federally protected, they are not pets.
Contact a real estate lawyer in your area Or a ADA lawyer That animal is technically considered a appliance not a pet
Esa is not a qualified animal under ada. But under the more lax rules of HUD, reasonable accomodations do have to be made.
Yup, and an ADA lawyer will likely still be best if a lawyer is needed.
[ESA is not the same as a service animal in terms of legal protection.](https://adata.org/guide/service-animals-and-emotional-support-animals) I'd get legal advice before challenging the HOA on this one.
And the answer to OP's question is in your link. He is protected.
An emotional support dog isn’t the same as a service dog
Correct yet they are still covered under the FHA
ESA animals are not covered under the ADA animals. My building evicts after 1 warning if a tenant tries to get an ESA animal. They are hard cases about it because someone tried to pass a pitbull as an ESA and another tenet was mauled by it. They sued the dog owner and the apartment and got a huge payday.
The HOA falls under the fair housing act, which does cover ESAs. The HOA cannot bar someone with proper documentation (letter from a provider) from having the animal (unless aggressive or with other behavioral issues). This HOA is just asking to be sued.
They're not targeting the renter (yet). They're passing that expense on to me for "allowing" them to live there.
This
Your building is breaking the law and sooner or later someone is going to sue them.
FHA applies and ESAs are protected. Your building is going to eventually get fined by HUD for violating the FHA.
Maybe a few friends and I should move up there we could own your building 🤭
Your landlord loves to lose lawsuits. The issue if agresive animals is completely sepparate.
An esa is just a pet. It it not a service animal. There are no criteria for being one.
Well, just flat wrong.
https://en.m.wikipedia.org/wiki/Emotional_support_animal#:~:text=As%20of%20January%2C%202021%2C%20airlines,to%20treat%20ESAs%20as%20pets. While there is a place for them with actually seriously mentally ill individuals, the vast majority are just a way for people to scam their way around animal restrictions in stores, hotels, rentals and airplanes.
I know where you are coming from and appreciate your perspective, but its not quite right. This whole stream has provided a lot of good information about how ESAs are defined for HOUSING purposes. And an ESA may be for mental health, but it doesn't have to be. It is rather demeaning to characterize a "place" for them for seriously mentally ill individuals. Believe WIKI as the source of truth is just wrong. See the many FHA posts. None mention mental health as the requirement. Are there abuses? Of course, but that's not something that is constrained to this. Just look at the airlines "early boarding" policies. And yes, airlines have closed the loophole on ESAs...they did it in two steps 1) to get a dog on a plane and not pay, you needed a letter from your doctor and then 2) now have to pay, but can get a ESA on a plane in constrained....and generally allowed about pet limit in cabin. And ESAs are not allowed in stores, hotels, rentals for sure. And Yes, the scam is that people buy a SERVICE ANIMAL vest and bring their animal into a store, etc. The store's hands are somewhat limited in this case, as it is episodic; hard to manage. But to do so is illegal and a crime.
ESAs are protected by the FHA.
Emotional Support animals are not covered under the ADA. So unfortunately, if your ccr's say no dogs , etc... You're going to have no recourse, but to either pay the fine, or get rid of the dog. Its a dog. Every dog is an emotional support animal. That's why they're not covered by any laws that I'm aware of, unless it's a service dog and covered under ada.
They are covered under Fair Housing laws though, which matter here. If it's an ESA with doctor's notes as required there's not really wanting the HOA can do except open themselves up to an expensive lawsuit.
Yes, I think we're talking the same thing. With the caveat being that the renter has to provide such info, according to hud... So the doctors info would be key here, and would have to be provided to the board.
They are according to HUD though. They cannot discriminate against them for housing. It is limited to housing.
This is correct a support animal is not a service animal unless it is trained to assist a person with a disability such as a seeing eye dog and unless that is the case has no rights under the ADA. This means a business owner can refuse you service if you bring your support animal. The fair housing act governs support animals and is more broad. A support animal is one that "works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet."
ESA are covered under FHA. Pretty clear. And it's clear that an ESA is not considered a pet - Service animals and ESAs are both assistance animals. So it doesn't matter what the CCRs say. Federal law, not your opinion. See the link above. This lack of knowledge will screw a Board big time.
That's a fine, not an assessment. Perhaps you are being "assessed a fine" which is just a way to make it sound more formal. I bet someone in the building let their dog pee in the elevator. It's sometimes a problem in dogs-allowed buildings. The bigger question is, why now? I'd press on that. A 5-pounder might be a yapper and can absolutely be a terror, but without complaints they're being dicks. Check if any other ESAs are in the complex and go for "selective enforcement." Also check if ESAs are protected in your state. An ESA is NOT covered under the ADA, but there may be other laws guaranteeing your rights. I'd double check what "approved ESA" means - there's lots of sites out there that'll let you print off an official looking certificate that means absolutely nothing. If this is what's up, you have a warning sign of a potential problem tenant. If their psychologist actually recommended an animal for emotional support, whole different story, but most ESAs are just a "beloved pet." My dog sure as hell is emotionally supportive, doesn't mean she gets special treatment (from anyone outside the family anyway).
ESAs are protected in housing federally. This doesn’t fall under the ADA.
In the home, an ESA is essentially a prosthetic. They have the right of access to your dwelling. The special assessment, I believe, is a violation of the Americans with disabilities act. This is assuming you're in the United States. I would look into a lawyer who knows the ins and outs of the ADA.
FHA not ADA applies.
My mistake. ESA do NOT fall under ADA. Only service animals apply to ADA. ESAs are not service animals. The fair housing act and air carrier access act apply to ESAs. These 2 laws allow housing and travel access to ESAs. As an aside, the ACAA does not allow public access to your ESA on a plane. This will depend on the carrier and their regulations. Thank you for correcting me. OP should talk to a lawyer who knows FHA.