ANSWER: IN THE CONTEXT OF THE FAIR HOUSING ACT, AN ACCOMMODATION IS A WAIVER OR MODIFICATION OF A RULE OR POLICY MADE IN ORDER TO ALLOW A PERSON WITH A DISABILITY AN EQUAL OPPORTUNITY TO ENJOY HIS OR HER HOME. EXAMPLES INCLUDE A RESERVED PARKING SPACE FOR SOMEONE WITH A MOBILITY ISSUE, OR A WAIVER OF A PET RESTRICTION FOR SOMEONE THAT HAS AN ASSISTANCE ANIMAL. YOU DO NOT NEED A LAWYER TO REQUEST AN ACCOMMODATION, BUT IT CERTAINLY DOESN’T HURT TO HAVE A LAWYER REQUEST ONE ON YOUR BEHALF, ESPECIALLY IF YOUR LANDLORD OR ASSOCIATION HAS A HISTORY OF MAKING IT DIFFICULT FOR RESIDENTS TO GET ACCOMMODATIONS.

ANSWER: A SERVICE ANIMAL IS TRAINED TO PERFORM A DISBILITY RELATED TASK. FOR EXAMPLE, A DOG TRAINED TO DETECT ONCOMING SEIZURES OR TO GUIDE A PERSON WITH LIMITED OR NO VISION IS A SERVICE DOG. UNLIKE EMOTIONAL SUPPORT ANIMALS, SERVICE ANIMALS CAN GO ANYPLACE MEMBERS OF THE GENERAL PUBLIC ARE ALLOWED TO GO. SERVICE DOGS CAN ACCOMPANY THEIR HANDLERS TO RESTAURANTS, GROCERY STORES, MOVIE THEATERS, AND OTHER PLACES OF “PUBLIC ACCOMMODATION.” ONLY DOGS AND MINIATURE HORSES CAN BE ANIMALS.

EMOTIONAL SUPPORT ANIMALS DO NOT REQUIRE TRAINING. EMOTIONAL SUPPORT ANIMALS PROVIDE ASSISTANCE TO PEOPLE SUFFERING FROM A MYRIAD OF DISABILITIES INCLUDING DEPRESSION, ANXIETY, AUTISM, EVEN HIGH BLOOD PRESSURE SIMPLY BY PROVIDING COMPANIONSHIP AND A SOOTHING PRESENCE. HOUSING PROVIDERS THAT DO NOT ALLOW PETS MUST WAIVE THEIR NO-PET RESTRICTIONS FOR RESIDENTS OR POTENTIAL RESIDENTS THAT HAVE QUALIFYING DISABILITIES AND BENEFIT FROM HAVING AN EMOTIONAL SUPPORT ANIMAL. HOWEVER, EMOTIONAL SUPPORT ANIMALS MAY NOT BE TAKEN TO PLACES OF PUBLIC ACCOMODATION LIKE RESTAURANTS AND MOVIE THEATERS. MANY TYPES OF ANIMALS CAN PROVIDE EMOTIONAL SUPPORT, INCLUDING CATS, PARROTS, FERRETS, AND POT-BELLIED PIGS

ANSWER: NO, ABSOLUTELY NOT. HOUSING PROVIDERS MUST ACCOMMODATE A DISABLED RESIDENT’S NEED FOR BOTH TYPES OF ASSISTANCE ANIMALS, MEANING EMOTIONAL SUPPORT ANIMALS AND SERVICE ANIMALS.  

ANSWER: YOU CAN’T. THERE IS NO LEGITIMATE GOVERNMENT AGENCY OR ORGANIZATION THAT “CERTIFIES” THAT AN ANIMAL IS AN EMOTIONAL SUPPORT ANIMAL. THE CERTIFICATES AND VESTS THAT YOU CAN BUY ONLINE ARE WORTHLESS. 

ANSWER: YOU PROVIDE YOUR HOUSING PROVIDER WITH A LETTER FROM A MEDICAL OR MENTAL HEALTHCARE PROVIDER VERIFYING THAT YOU HAVE A DISABILITY-RELATED NEED FOR AN EMOTIONAL SUPPORT ANIMAL.

ANSWER: NO. A LETTER FROM A PSYCHIATRIST IS SUFFICIENT TO VERIFY YOUR NEED FOR AN EMOTIONAL SUPPORT ANIMAL, BUT THE LETTER CAN ALSO BE WRITTEN BY A SOCIAL WORKER, THERAPIST, COUNSELOR, NURSE PRACTITIONER OR PHYSICIAN THAT IS FAMILIAR WITH YOUR CONDITION.

ANSWER: THE LETTER SHOULD INDICATE THAT YOU HAVE A MENTAL OR PHYSICAL IMPAIRMENT AND EXPLAIN HOW THE IMPAIRMENT “SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.” IT SHOULD ALSO EXPLAIN HOW HAVING AN EMOTIONAL SUPPORT ANIMAL HELPS WITH THAT DISABILITY. FOR EXAMPLE:

ANSWER: YES, BUT I DO NOT RECOMMEND IT. IF YOU GET ANY PUSH BACK FROM YOUR HOUSING PROVIDER THE LETTER WILL BE WORTHLESS. IF YOU HAVE A LEGITIMATE DISABILITY IT SHOULD NOT BE TOO DIFFICULT TO GET A MEDICAL OR MENTAL HEALTH CARE PROVIDER THAT ACTUALLY TREATS YOU TO CERTIFY YOUR DISABILITY-RELATED NEED FOR AN ASSISTANCE ANIMAL. IF YOU HAVE NEVER DISCUSSED YOUR MENTAL HEALTH CONCERNS WITH YOUR DOCTOR, YOU SHOULD DO SO. IF YOU DO NOT HAVE A DOCTOR OR DON’T FEEL COMFORTABLE TALKING TO YOUR DOCTOR, SEE A THERAPIST OR SOCIAL WORKER IN YOUR COMMUNITY. LETTERS FROM ON-LINE THERAPIST SCREAM “FRAUD.”

ANSWER: NO. A LETTER VERIFYING A DISABILITY RELATED NEED FOR A SUPPORT ANIMAL DOES NOT HAVE TO SPECIFY YOUR DISABILITY. HOWEVER, BECAUSE A HOUSING PROVIDER MAY LEGALLY REQUEST AN EXPLANATION OF THE NEXUS BETWEEN YOUR DISABILITY AND THE REQUESTED ACCOMMODATION, AS A PRACTICAL MATTER IT IS SOMETIME HARD TO EXPLAIN HOW THE ANIMAL ASSISTS YOU WITHOUT REVEALING THE DISABILITY.

ANSWER: NO. A HOUSING PROVIDER MAY NOT REQUIRE A NOTARIZED SIGNATURE AND MAY NOT INSIST THAT YOU REQUEST AN ACCOMMODATION BY FILING OUT A PARTICULAR FORM. A LETTER FROM YOUR PHYSICIAN OR COUNSELOR IS ENOUGH SO LONG AS IT IS PROPERLY WRITTEN.

ANSWER: NO. IF YOUR EMOTIONAL SUPPORT ANIMAL DAMAGES YOUR APARTMENT YOU ARE RESPONSIBLE FOR THE REPAIRS, BUT YOU CANNOT BE CHARGED A SECURITY DEPOSIT OR ADDITIONAL RENT SIMPLY BECAUSE YOU HAVE AN ASSISTANCE ANIMAL. 

QUESTION: MY CONDOMINIUM SAYS I CANNOT HAVE MY EMOTIONAL SUPPORT ANIMAL BECAUSE SHE IS PART PITBULL? IS THAT LEGAL?

ANSWER: NO. BREED RESTRICTIONS DO NOT APPLY TO ASSISTANCE ANIMALS. NEITHER DO WEIGHT RESTRICTIONS. 

ANSWER: NO. PERSONS WITH DISABILITIES ARE ENTITLE TO BE ACCOMPANIED BY THEIR ASSISTANCE ANIMALS IN COMMON AREAS OF THE COMMUNITY, AND TO INGRESS AND EGRESS THEIR HOME IN THE SAME MANNER AS OTHER RESIDENTS.