Page 8 - CooperatorNews New York January 2022

8 COOPERATORNEWS — JANUARY 2022 COOPERATORNEWS.COM MANAGEMENT The coronavirus crisis has forced many al times a day like a dog—requires taking that unwelcome changes on households around animal through the property’s common areas: the world—but it has also allowed or inspired the hallways, lobbies, elevators, vestibules, out- some to make lifestyle choices that were im- practical or otherwise out of reach before. One pandemic keeping people at home, that means such choice has been to acquire a pet. With more interactions between pets, their owners, travel restricted, and working and schooling and their neighbors. An unruly or aggressive largely happening at home, households across pet in an enclosed space (like an elevator or the country decided that if there was ever stairwell) is a big problem; it’s also problematic a time to add a furry (or feathered, or scaly) for someone who’s highly allergic to fur or dan- friend to the family, this was it. But for the 74 million Americans who live and mask requirements in common areas are in communities managed by homeowners de rigueur, there’s still a pandemic on; many associations or cooperative corporations, ac- cording to estimates by the Community Asso- ciations Institute (CAI), bringing a pet home of rambunctious pups and their owners trying involves considerations that those in detached, to get outside for morning walkies. single-family homes don’t have to contend with. For one thing, many communities sim- ply prohibit pets altogether. Of those that do boards, claims for special accommodations welcome pets, most have rules—which resi- dents agreed to follow upon becoming a unit been trending upward in condo associations owner or shareholder—limiting the species, and co-ops around the country for the last breeds, sizes, or number of animals residents several years, starting around 2015. Jim Yost, can harbor in their homes, as well as registra- tion requirements and rules about where the Services, LLC and managing partner of Ocean pets are allowed to be on the property. And it’s Property Management Corporation based a given that no pet may interfere with the hab- itability or quiet enjoyment of their neighbors’ uptick may be linked to commercial airlines homes. Along with the rules, there are practical animals riding in the cabin— specifically their considerations for would-be pet owners, too. distinctions (or lack thereof) between official In many multifamily communities, having a service animals, ESAs (also known as ‘comfort pet—especially one that needs to go out sever- door paths, and so forth. With the ongoing der. And while vaccination rates are improving residents are understandably un-thrilled at the prospect of crowded elevators and lobbies full Pet, or Emotional Support Animal? According to managers, attorneys, and for emotional support animals (ESAs) have owner of Elite Management and Advisory in Wildwood, New Jersey, says he thinks the changing or clarifying their policies around animals’), and pets. He suspects that different classifications between airlines have resulted Law Group, the only questions or “proof” in a lot of conflation of terms and willful mis- use of the various designations. First, let’s get those distinctions out of for “documentation supporting the existence the way. The Americans with Disabilities Act of the claimed disability, and the need for an (ADA) defines service animals as dogs (and emotional support animal to alleviate or assist only dogs as of March 15, 2011, although there in that disability.” Such documentation, says are separate provisions for certain miniature Stiell, can include a letter from a licensed men- horses) that are individually and specially tal health professional treating the individual. trained to do work or perform specific tasks There is no nationally recognized ESA “regis- for people with disabilities in direct relation to try” or organization that provides an official those specific disabilities, such as a guide dog ESA “designation” or “certification.” (No, not for someone with legal blindness, or an alert even from the internet.) dog for someone with a seizure disorder. Dogs whose sole function is to provide comfort or questions or unduly rejecting a request for an emotional support do not qualify as service ESA accommodation can open boards up to animals under the ADA. However, multifam- ily buildings and communities are subject to state anti-discrimination and human rights rules and guidelines of the U.S. Department of laws. But by the same token, such requests Housing and Urban Development (HUD) and must be vetted for legitimacy, and approvals the federal Fair Housing Act (FHA). Notably, only given when the accommodation does HUD does include animals that provide emo- tional support in its definition of “assistance of other residents. As an example, Yost relates animals,” and distinguishes those animals how one Southern New Jersey condo board from “pets” if that support “alleviates one or handled a suspicious medical letter submitted more identified effects of a person’s disability.” These laws require housing providers to modation request: “The board notified the au- make “reasonable accommodations” for per- sons with disabilities in order to enjoy equal correspondence to the State medical oversight and fair use of their housing. A reasonable board,” he says. “The author immediately re- accommodation might include an exemption tracted their supporting correspondence, and to an association’s or corporation’s ‘no pets’ or the request for the emotional support animal ‘no dogs’ policy, or a waiving of fees required was withdrawn.” under a policy that does allow certain animals. An accommodation may be considered un- reasonable if it “would impose an undue finan- cial and administrative burden on the housing unsafe or unsanitary, either because of a health provider or … would fundamentally alter the code limitation, or because the animal was dis- nature of the housing provider’s program.” Ac- cording to HUD, such determinations “must age,” then it is no long considered “reasonable” be made on a case-by-case basis” and can take to accommodate that animal. “Buildings are into account factors specific to a given residen- tial situation. Yost says that there are plenty of examples the residents of the building.” of people taking undue advantage of this law. “In the associations that have pet prohibitions,” ommended claim for an animal companion, he says, “people have attempted to circumvent Yost strongly advises anyone seeking ESA ac- them: They bring a pet in, and when they’re commodations to make that claim, provide caught, claim it’s a service animal. And that the proper documentation, and receive board poses a problem, because buyers are given approval the governing documents at time of pur- chase, including specifically the Pet Prohibi- tion Amendment. So they can’t say they didn’t kind of board notification and documentation know.” According to Heather Stiell, senior coun- sel with New York City-based law firm Lasser that can be asked of a person requesting an accommodation for an assistance animal are Stiell explains that asking inappropriate civil liability and penalties under federal and not interfere with the housing rights or safety as documentation for a resident’s ESA accom- thor of the letter that they were submitting the Similarly, adds Stiell, whether a pet, an ESA, or a service animal, “If the animal in question were a type of animal that was deemed to be ruptive or dangerous or caused a lot of dam- not required to accept an animal if it would pose an undue burden to the building, or to Aside from having a valid, medically rec- before obtaining the animal. Even as- sociations and corporations with longstanding pet-friendly policies typically require some (municipal licensure, updated vaccinations, and in some cases proof of spaying or neu- ‘Pandemic Pets’ in Multifamily Communities Rules vs. Reasonable Accommodation BY DARCEY GERSTEIN continued on page 16