Condo Media - August 2018 - 25

level of inquiry required of the board
of trustees in considering a request for
reasonable accommodation.  
An emotional support animal, by
contrast, may not be a dog (cats and
other types of companion animals
may be classified as comfort animals)
and is not trained to perform a task
or service. Requests for emotional
support animals are typically tied to
unseen disabilities. For example, an
emotional support animal may provide
emotional support for an Army veteran
with PTSD.   Condominium associations should seriously consider every
request for reasonable accommodation
and take the time to consider whether
an accommodation is required in the
particular circumstance. Board members must put preconceived biases aside
and objectively consider whether the
standard for a reasonable accommodation has been satisfied.
Despite the differences between
service and emotional support animals,
both categories of animals are not pets
(and, thus, not subject to a condominium's no pet restriction) and are both
entitled to reasonable accommodation.
■ Any inquiry should be treated on an
individualized, fact-specific basis.
Requests for reasonable accommodation must be handled on a case-by-case
basis. An across-the-board breed
prohibition is not defensible.
■ It is imperative to provide a prompt
response to a request for a reasonable accommodation.
A prompt response to a request for a
reasonable accommodation is important, and a failure to engage in dialogue
with the party requesting the accommodation may constitute a violation
of anti-discrimination laws in and of
itself. The board should establish a
formal procedure for how to address
requests for reasonable accommodations and adhere to this procedure
when considering such requests. The
procedure should be uniform and explain that the association may require
documentation, seek additional infor-

mation, and may propose alternatives
to the accommodation requested.
Notwithstanding the foregoing, the
board of trustees should not be so stuck
to its position that it does not consider information provided by the unit
owner. The mere fact that the board's
preferred "form" is not completed does
not, in and of itself, justify a denial
of a request for a reasonable accommodation. While it may be permissible
to have a uniform certification form,
the condominium association should
ensure that none of the information
requested would be in violation of
patient privacy laws.  In addition, in the
event that the requested information is
submitted in a different form, such as a

letter, the association should consider
the reasonable accommodation on the
basis of the information provided. In
other words, the board should not be
tied to the form, but rather to the substance, of the information before it.
■ Consider a waiver or temporary exemption while the board of trustees
considers the request for a reasonable accommodation.
Case law suggests that it may be
best practice to grant a waiver or a
temporary exemption from a no pet
restriction while the board examines
the request for reasonable accommodation. During such period, the
condominium association should work

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August 2018 CONDOMEDIA

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Condo Media - August 2018

Table of Contents for the Digital Edition of Condo Media - August 2018
