Question:
“My park has a strict no-pets policy, or so I thought. Some of my neighbors are allowed to have ’emotional support animals,’ while the rest of us can’t have any pets at all. Is that really fair?”
-Grace B. (58), Grand Rapids, MI
Answer:
We understand that it feels unfair that some residents can have animals in the park while others cannot. However, there is a specific reason why your park management allows this.
Under the Fair Housing Act (FHA), park management is prohibited from discriminating against individuals with disabilities. This includes allowing disabled residents to have reasonable accommodations such as keeping emotional support animals in their homes, even when the park has a no-pet policy in place. To qualify for an emotional support animal (ESA) under the FHA, an individual must have a disability defined under the law, and the presence of the animal must be necessary to provide emotional support that alleviates one or more symptoms of the disability. Documentation may also be requested by park management in order to grant new or continued residency to individuals with ESAs.
In general, park management is required to make reasonable accommodations for owners of ESAs. However, there are some exceptions. Management is not required to accommodate animals that are a direct threat to the health or safety of others, or animals that could cause significant damage to park property. Furthermore, owners must be responsible for the animals by ensuring that they comply with local animal control laws and do not create a nuisance f0r other residents in the park.
Overview:
- Emotional support animals are protected under the Fair Housing Act.
- Park management may request documentation of a resident’s disability and need for an emotional support animal.
- The owner is responsible for the emotional support animal’s behavior.
