Page 6 - CooperatorNews New Jersey Winter 2022

6 COOPERATORNEWS NEW JERSEY —WINTER 2022 NJ.COOPERATORNEWS.COM TRENDS ‘Pandemic Pets’ in Multifamily Communities Rules vs. Reasonable Accommodation BY DARCEY GERSTEIN The coronavirus crisis has forced many unwelcome changes on households tical considerations for would-be pet Management Corporation based in Wild- around the world—but it has also allowed owners, too. In many multifamily com- or inspired some to make lifestyle choices munities, having a pet—especially one linked to commercial airlines changing or bring a pet in, and when they’re caught, that were impractical or otherwise out of that needs to go out several times a day clarifying their policies around animals claim it’s a service animal. And that poses reach before. One such choice has been to like a dog—requires taking that animal riding in the cabin— specifically their dis- acquire a pet. With travel restricted, and through the property’s common areas: the tinctions (or lack thereof) between offi- working and schooling largely happening hallways, lobbies, elevators, vestibules, cial service animals, ESAs (also known as including specifically the Pet Prohibition at home, households across the country outdoor paths, and so forth. With the on- decided that if there was ever a time to going pandemic keeping people at home, that different classifications between air- add a furry (or feathered, or scaly) friend that means more interactions between lines have resulted in a lot of conflation of to the family, this was it. But for the 74 million Americans who An unruly or aggressive pet in an en- live in communities managed by home- owners associations or cooperative cor- porations, according to estimates by the someone who’s highly allergic to fur or ties Act (ADA) defines service animals as sistance animal are for “documentation Community Associations Institute (CAI), dander. And while vaccination rates are dogs (and bringing a pet home involves consid- erations that those in detached, single- family homes don’t have to contend with. a pandemic on; many residents are un- For one thing, many communities simply derstandably un-thrilled at the prospect or perform specific tasks for people with Stiell, can include a letter from a licensed prohibit pets altogether. Of those that do of crowded elevators and lobbies full of disabilities in direct relation to those spe- welcome pets, most have rules—which rambunctious pups and their owners try- residents agreed to follow upon becoming ing to get outside for morning walkies. a unit owner or shareholder—limiting the species, breeds, sizes, or number of ani- mals residents can harbor in their homes, and boards, claims for special accommo- as well as registration requirements and dations for emotional support animals qualify as service animals under the ADA. rules about where the pets are allowed to (ESAs) have been trending upward in However, multifamily buildings and com- be on the property. And it’s a given that condo associations and co-ops around the munities are subject to rules and guide- no pet may interfere with the habitabil- ity or quiet enjoyment of their neighbors’ ing around 2015. Jim Yost, owner of Elite and Urban Development (HUD) and the homes. Along with the rules, there are prac- pets, their owners, and their neighbors. terms and willful misuse of the various counsel with New York City-based law closed space (like an elevator or stairwell) is a big problem; it’s also problematic for of the way. The Americans with Disabili- improving and mask requirements in although there are separate provisions for disability, and the need for an emotional common areas are de rigueur, there’s still certain miniature horses) that are indi- Pet, or Emotional Support Animal? According to managers, attorneys, Dogs whose sole function is to provide “certification.” (No, not even from the in- country for the last several years, start- Management and Advisory Services, LLC federal Fair Housing Act (FHA). Notably, and managing partner of Ocean Property tage of this law. “In the associations that wood, says he thinks the uptick may be have attempted to circumvent them: They ‘comfort animals’), and pets. He suspects Amendment. So they can’t say they didn’t designations. First, let’s get those distinctions out or “proof” that can be asked of a person only dogs as of March 15, 2011, supporting the existence of the claimed vidually and specially trained to do work that disability.” Such documentation, says cific disabilities, such as a guide dog for individual. There is no nationally recog- someone with legal blindness, or an alert nized ESA “registry” or organization that dog for someone with a seizure disorder. provides an official ESA “designation” or comfort or emotional support do not ternet.) lines of the U.S. Department of Housing open boards up to civil liability and pen- HUD does include animals that provide emotional support in its definition of “as- sistance animals,” and distinguishes those animals from “pets” if that support “alle- viates one or more identified effects of a person’s disability.” These laws require housing providers to make “reasonable accommodations” for persons with disabilities in order to enjoy equal and fair use of their hous- ing. A reasonable accommodation might include an exemption to an association’s or corporation’s ‘no pets’ or ‘no dogs’ pol- icy, or a waiving of fees required under a policy that does allow certain animals. An accommodation may be considered un- reasonable if it “would impose an undue financial and administrative burden on the housing provider or … would funda- mentally alter the nature of the housing provider’s program.” According to HUD, such determinations “must be made on a case-by-case basis” and can take into ac- count factors specific to a given residen- tial situation. Yost says that there are plenty of ex- amples of people taking undue advan- have pet prohibitions,” he says, “people a problem, because buyers are given the governing documents at time of purchase, know.” According to Heather Stiell, senior firm Lasser Law Group, the only questions requesting an accommodation for an as- support animal to alleviate or assist in mental health professional treating the Stiell explains that asking inappro- priate questions or unduly rejecting a request for an ESA accommodation can continued on page 13