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EMOTIONAL SUPPORT DOGS AND ANIMALS IN AN HOA Unlike service dogs, an emotional support animal is a clinically prescribed animal whose mere presence provides therapeutic relief to a condition or disorder the owner may suffer. Owners of emotional support dogs may live with the complications of any number of mental and emotional challenges, including anxiety, bipolar disorder, depression, or schizophrenia, to name a few. According to the U.S. Department of Housing and Urban Development, the entity that issues fair housing guidelines, for an individual to receive an emotional support animal designation, the animal's owner must be diagnosed by a doctor or mental health professional, and obtain a letter stating the animal provides benefits to the owner with regard to the diagnosed disability. The Fair Housing Act mandates "reasonable accommodations" for emotional support animals, even in buildings that don't allow pets, and owners cannot be charged a pet deposit. For associations with a "no pet" rule in place, accommodations must be made for both service dogs and emotional support animal owners. While an association cannot exclude an emotional support animal, they can require some documentation in support of the owner's request. That documentation may include: • A written request by the owner to the HOA to accommodate the owner's emotional support animal. • Details on how accommodating the animal will benefit the resident. • A note from a doctor or other health professional. Any such requests should be respectful of the resident's privacy, so there's no need to know the specific emotional disability of the resident. All communities have their own set of rules and their own ways of enforcing them. That's why it's necessary to always read your governing documents and get legal advice if and when you have questions.

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