May 2023

The Emotional Support Peacock ?

A Brief Overview of Considerations When Faced with an Emotional Support Animal Request By Gregory Vinogradsky, Esq., EBP, Callahan & Fusco, LLC

E motional support animals are one of the most con troversial, and misunderstood issues for community associations. Partly due to viral clips of emotional support peacocks and monkeys running through airports, the perception of emotional support animals is often, and perhaps unfairly, viewed as a way to circumvent a com munity association’s pet policy and restrictions. However, by adopting a sound policy, an association can properly ensure compliance with federal and state law, and ensure its residents are able to enjoy their homes. The New Jersey Law Against Discrimination and Federal Fair Housing Act typically govern these sensitive issues and community associations must ensure compliance or else face severe fines, attorney’s fees, and compensatory damages. While both laws have their individual nuances, essentially, they require that a community association must make reasonable accommodations for a resident with a mental health condition to keep an animal that alleviates

“This includes reasonably relaxing its pet restrictions on the types of animals and the number of animals permitted.”

some of the resident’s symptoms. This includes reasonably relaxing its pet restrictions on the types of animals and the number of animals permitted. Under the Fair Housing Act, an emotional support ani mal is not a “pet”, and boards should consider this when reviewing accommodation requests. If a community only CONT I NU E S ON PAGE 34

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