CAI-NJ Aug. 2019(w)

ASSISTANCE ANIMALS... from page 23.

mentation of the disability and their disability-related need for the animal. For example, the U.S. Department of Housing and Urban Development (“HUD”) provides: “the housing provid- er may ask persons who are seeking a reasonable accommodation for an assistance animal that provides emo-

tional support to provide documen- tation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that alleviates one or more of the identified symptoms or effects of an existing disability.” 9 Specifically, in order to determine whether a resident has a legitimate physical or emotional disability under the law, an association may request that the resident provide a certification of a physician or other qualified treat- ing professional certifying: • the nature of the disability or hand- icap suffered; • that the disability or handicap meets the standards set forth by the FHA; • the major life activities that are sub- stantially limited by the disability or handicap; • whether treatment is available for the disability or handicap; • a description of the accommodation requested; • whether the accommodation request- ed alleviates or mitigates the disabil- ity or handicap; and • whether any alternative accommo- dations exist. But what happens when the docu- mentation provided by the resident is something obtained from a website, or a note from a practitioner stating only that “the dog is an emotional support animal”? Under those circumstances, the association’s board may not have enough information to determine if the resident suffers from a disability defined by law. Furthermore, if the physical assistance or emotional sup- port is reasonable to accommodate their disability. Thus, when presented

the association has a right to ask for more information when the resident’s disability is not readily apparent or known. In such a situation, an asso- ciation may request reliable docu-

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