Under the federal and Florida fair housing acts, community associations are required to make reasonable accommodations to its rules, policies, practices or services when such accommodations are necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. Community associations are often asked to make a reasonable accommodation to allow a resident to maintain an emotional support animal in the community, in violation of the association’s pet policy. When confronted with these requests, many associations are uncertain about how to verify the resident’s need for the reasonable accommodation.
Generally, if the resident’s disability and need for the animal is evident, the association is not permitted to request additional information. If the disability is evident, but the need for the animal is not, the association is authorized to request only the specific information necessary to evaluate the disability related need.
