Clearing the Air On Companion Animals: What Property Managers Should Know

Stay in compliance when residents ask for companion or support animals While the multifamily housing industry has become pet friendly, some furry friends are catching the ire of property managers. Residents carrying in their pets under the guise of them being companion animals are leaving some apartment operators worried about fair housing issues if they don’t comply. Companion or emotional support animals fall under the definition of assistance animals in Housing and Urban Development’s guidelines, “Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs.” While service animals are usually animals that work and provide disability-related functions (such as guiding persons with vision impairments), companion and emotional animals are considered to assist someone who has a mental or psychological disability by providing emotional support and companionship that help alleviate the symptoms of that disability. Neither type of assistance animal is required by law to be specially trained, and reliable verification of disability and disability-related need for an assistance animal (unless both are readily apparent or known to the provider) is proof enough. By law, housing providers cannot charge extra deposits, fees, impose type, size or breed restrictions or prohibit the animal from living on premises, even if a “no-pet” policy is in place. When confronted by a resident who doesn’t appear to have a disability but wants accommodation, legal experts say to know and follow the HUD guidelines. Some residents are trying to get around no-pet regulations Lynn Dover, an attorney for Kimball, Tirey & St. John who specializes in fair housing law, said companion animals are getting a lot of attention these days. She and the firm have fielded a number of complaints from property managers asking what they should do when a residents say their pet is a companion or emotional support a...