Condo Media - March 2021 - 37

specific as to the individual with a disability and the assistance or therapeutic
emotional support provided by the
animal. " It is important to note that an
association cannot require the back-up
come from the individual's primary care
physician, or make any other specifications as to the provider other than it be
from a licensed health care professional
and that it meets the parameters outlined above.
RULES AND REGULATIONS
Associations should have a standard
format for requesting support animals
prior to bringing them on the property
and this should be noted in the rules
and regulations. Associations, however,
must have this form only for guidance,
and cannot deny a request that meets the
requirements of the law even if it is not in
the exact form desired by the association.
Requesting back up for any request for
an ESA is important as associations must
meet the obligation to other unit owners

BEFORE: ERODING SHORELINE

Associations should have a standard format for requesting
support animals prior to bringing them on the property and
this should be noted in the rules and regulations.
to enforce the rules and regulations by
making sure the request is legitimate.
In the event that the requester cannot
supply back up information for the animal (or refuses to do so), the association
must hold a rule enforcement hearing
pursuant to R.I. Gen. Laws 34-36.1-3.20.
While most requests for an emotional support animal will ultimately
have paperwork from a licensed health
care professional that will be adequate
to allow the request, associations must
still take the step to ask for that back
up that they are entitled to. The failure
to request the substantiation for the
request for an ESA not only imposes
liability on the board for failure to
enforce the rules and regulations,
but misses an opportunity to be part

DURING: INSTALLING SOX EROSION CONTROL

of the solution in an area of the law
that has been overwhelmed with
fraud. Associations must not be
afraid to ask for what they are entitled to and owe it the other owners
- and society as a whole - to keep
out the fraudulent fidos.
*The information contained in this article
was obtained from U.S. Department of Housing
and Urban Development (HUD), FHEO Notice:
FHEO-2020-01 " Assessing a Person's Request
to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act. "
■ MARY-JOY A. HOWES, ESQ.
IS A PARTNER WITH LOMBARDI
LAW GROUP.

AFTER: A BEAUTIFUL LIVING SHORELINE

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March 2021 CONDOMEDIA

Condo Media - March 2021

Table of Contents for the Digital Edition of Condo Media - March 2021