Page 5 - CooperatorNews New York January 2022

COOPERATORNEWS.COM COOPERATORNEWS — JANUARY 2022 5 QUESTIONS & ANSWERS Legal Q A& Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. When Does “No Pets” Mean No Pets? Q I sit on the board of directors of a Nassau County cooperative. The building has a no-pets pol- icy that residents are obliged to comply with. A few residents have cats that were grandfathered in prior to rules changing. On occasion, we’ve had residents claim they require a comfort dog—but the cre- dentials provided to support the claim have been online ‘registrations’ with no substantial proof beyond that. My ques- tion is, what is the criteria for someone to have a comfort dog? Can we ask for a doctor’s certificate, or at least something more than a boilerplate internet registra- tion? If someone’s dog does not meet re- quirements, what is the board’s recourse to have the dog removed? —Not Comfortable With Comfort Animals A Heather Stiell, Esq., se- nior counsel at Lasser Law Group, PLLC, a real estate law firm serving New York City, Long Island, and Westchester, says, “Comfort the legal criteria to qualify as an ESA, the animals, also sometimes called emotional board can issue violations and levy fines support animals (ESAs), are considered a against the resident, if provided for in form of accommodation for persons who the building’s proprietary lease or house have a mental or emotional disability that rules. Ultimately, for continued viola- affects their ability to function in their tions, the board could elect to terminate housing environment. The federal Fair the resident’s proprietary lease and cancel Housing Act and New York State Human his or her stock certificate. Rights Law both require that housing pro- viders allow a ‘reasonable accommoda- tion’ to any person with a disability that board to a federal or state discrimination disrupts their functioning in the housing complaint and liability for civil penalties environment or prevents them from full and damages, it is recommended that use and enjoyment of their housing. “In order to verify that a resident re- questing an accommodation has a disabil- ity and that an ESA is necessary, boards or landlords can request documentation to support the claimed disability and the need for an ESA, including requiring that a letter from a licensed mental health professional treating the individual be provided. Internet registration that does not include reliable documentation of a disability can be deemed insufficient by a board. “If a resident’s animal does not meet “However, because an unfounded or incorrect determination could expose a boards have ESA requests reviewed by their co-op’s attorney to help avoid poten- tial discrimination claims.” n Does your management company check the boxes? Ours does. From daily operations to crisis management, the support you receive from your property management company is invaluable. We encourage condo and co-op board members and multifamily rental building owners to use this checklist to evaluate the services, solutions and resources provided by your management company and assess how those offerings align with the unique goals and expectations you have for your property. Click or scan the QR code for access. COMPANY A COMPANY B X X LetsTalk.NY@fsresidential.com 212.634.5410 www.fsresidential.com/new-york Do you have an issue with your board? Are you wondering how to solve a dispute with a neighbor? Can’t fi nd informa- tion you need about a build- ing’s fi nances? Our attorney advisors have the answers to all of your legal questions. Write to CooperatorNews and we’ll publish your question, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clarity. Send your questions to: Darcey@cooperatornews.com Q&A