Condo rules for animals vary widely – Washington Blade
When my clients are considering the purchase of a condominium or cooperative, they initially have three association guidelines on their minds: the rental policy, the renovation policy, and the pet policy.
Historically, Northern Virginia and Maryland condominiums have been more pet-friendly than those in the District. In D.C., many condos restrict the number of pets you can have, some limit the size of the pet or type of animal, and a few will not allow certain breeds of dogs.
But what of the person who needs a service dog or an emotional support animal? First, it’s important to make a distinction between three types of animals that provide assistance to people.
A service animal (SA), usually a dog but in some cases, a miniature horse, is trained to work with people who have disabilities such as those outlined in the Americans with Disabilities Act. The ADA’s official definition of a disability is “a physical or mental impairment that substantially limits one or more major life activities.”
Common major life activities include seeing, hearing, walking, caring for oneself, and communicating. In addition, many medical issues are covered under the ADA, such as diabetes, epilepsy, autism, and post-traumatic stress disorder.
Service animals and Assistance animals (AA) are trained to perform tasks that relate to specific disabilities. Assistance Dogs International notes that it can take 180 to 260 hours of daily training over six months, depending on the medical or other special tasks needed, to obtain certification.
Most of us have seen a guide dog help someone who is blind to get where she is going safely. A dog might also be trained to wake a diabetic when his blood sugar drops during the night, to let a deaf person know someone is at the door, or to alert a person with a seizure disorder to take his medicine.
An emotional support animal (ESA) is there to provide its owner with affection, comfort, and relief from anxiety or stress. ESAs can be dogs, cats, birds, hamsters, or any other type of animal with whom its owner can develop an emotional connection. Care should be taken, however, to match the type of animal with its intended environment.
There is no specific training required for an ESA. Standard dog training is normally enough to ensure that the animal has no behavioral problems in private or in public while still providing comfort to the owner.
The definitions wouldn’t be complete without mentioning therapy animals. They can be dogs, cats, rabbits, or other animals that are easily transported. Their job is primarily to visit people in hospitals, nursing homes, hospices, and similar accommodations to encourage healing or reduce stress, where they can provide comfort to long and short-term residents, help with improving fine motor skills, and assist with physical or occupational therapy.
So, who decides whether Fido, Fluffy, Bugs, or miniature Mr. Ed can move into your condo?
The laws and regulations outlined in the ADA cover the right to service and assistance animals in housing, restaurants, stores, and other public accommodations. The federal Fair Housing Act expands on the ADA to include emotional support animals, but only with respect to residences.
Housing providers should familiarize themselves with the provisions of these laws to avoid unnecessary confrontation and potential legal action. Here are the most salient points; they apply to leasing as well as purchasing a home.
Neither an SA/AA nor an ESA is legally considered a pet, so pet policies, including weight limits or breed restrictions, do not apply.
You may be asked whether your animal is medically prescribed. For a service dog, only two questions are allowed: Is the dog a service dog that is required because of a disability, and what work or task has the dog been trained to perform? No other documentation is needed.
For an ESA, you should be prepared to submit a letter from your physician or therapist stating that you have a disability that benefits from such an animal.
You cannot be asked for specific information about your disability or diagnosis for either type of animal.
While not specifically covered in the law, landlords and housing boards can reasonably request a copy of current vaccinations and state, county, or city registrations
Supplemental rents and deposits are prohibited; however, you will likely be responsible for any damage caused by the animal, so housebreaking is an important part of training.
And with housebreaking in mind, it’s time for me to relieve some stress by putting a leather, studded collar on my dog and walking him on leash around the neighborhood. Does anyone know where I can get one?
Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH Real Estate / @properties. Call or text her at 202-246-8602, email her via DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.