If you have a mental or physical disability and require the help of an assistance animal, you have the right to have your dog with you in your housing and other accommodations. While service animals are allowed to be with you anywhere, the rules regarding emotional support animals (ESAs) are more restrictive. However, apartment buildings and condominiums must allow you to have an ESA live with you if you have a verified need for it. It’s important to understand the law and watch out for deceptive websites that may try to take advantage of you. Florida ESA lawyer Herb Milgrim offers free consultations and can provide legal guidance and advocate for your rights.
Letter From Dr. Ben Carson, Former Secretary of the Department of Health and Human Services
Dr. Ben Carson served as the 17th United States Secretary of Health and Human Services under Former President Donald Trump from 2017 to 2021. During that time, Dr. Carson became concerned by deceptive websites that were taking advantage of disabled people by selling them fake certifications that their animals were emotional support animals, potentially exposing them to the risk of criminal liability. The following information reflects the contents of a letter Dr. Carson wrote to the Federal Trade Commission asking it to take action against those websites.
Emotional Support Animals, the Fair Housing Act (FHA), and Florida Law
The Fair Housing Act (FHA) is a federal law that prohibits housing discrimination based on an individual’s disability when selling or renting a condo, house, or apartment. This law is enforced by the U.S. Department of Housing and Urban Development (HUD), which writes and enforces regulations under it. According to HUD regulations, it is illegal for housing providers to discriminate against someone with a disability because they have an assistance animal. This includes an ESA.
While a condominium or apartment complex must allow you to have an ESA in your home despite any general rules prohibiting pets, you must understand what you need to show to prove your animal is truly an ESA. Under § 413.08(9), Fla. Stat. (2023), individuals who knowingly misrepresent their pets as ESAs can be charged with second-degree misdemeanors, which are punishable by up to 60 days in jail and a $500 fine. To avoid being accused of violating this law, you must know the type of documentation necessary to prove your need for an ESA when you want to bring one into your home. Florida condo lawyer Herb M. Milgrim can guide you.
Problem of Deceptive Websites
Some people download documentation from websites purporting to certify their animals as ESAs. These websites are misleading and do not provide reliable documentation. Many non-disabled people pay money to download documents from these websites so they can claim their pets are ESAs when they are not. Some disabled people have also turned to these websites to secure documentation, but they run the risk of having their housing requests denied and facing potential criminal prosecution if they present unreliable ESA certificates. Many disabled individuals try to seek out the accommodations on their own at pet restricted housing like condominiums. Unfortunately, because of the widespread abuse Housing Providers often have their attorneys scrutinize these accommodation requests and the documentation supplied. Even if the person is truly disabled and provides a letter from a treating healthcare provider, they may still have a difficult time obtaining the accommodation because of this widespread abuse.
When is Discrimination Illegal?
Housing providers can’t discriminate against someone with a disability that substantially limits their ability to perform one or more major life activities. They must provide reasonable accommodations to disabled individuals when requested, including the need for an ESA to enjoy an equal opportunity to live in and use an apartment or condo.
Because of this, housing providers like condominium associations must provide exceptions to their pet rules to allow disabled individuals to keep assistance animals. These animals are not legally considered to be pets. Instead, they perform tasks or provide other assistance that benefits the individual with a disability. Assistance animals do not have to be certified or registered under the FHA. Service animals, which are typically dogs, are not registered or certified as such. If you present a certificate you downloaded online to try to prove your animal is an ESA, you could face legal issues.
Documentation for an ESA
Housing providers are limited in what they can request for documentation that an animal is an ESA. In some cases, a disabled individual whose impairments are readily apparent will not be asked to prove their dog is a service animal. When a person has a mental disability, however, it can be a little more tricky.
A certificate or registration downloaded online is considered unreliable and insufficient to show that you have a disability that requires you to have help from an ESA. A housing provider can ask for documentation if your impairments are not readily observable, however. Examples of documentation that can support your claim include:
- Note from a treating doctor, psychiatrist, nurse practitioner, or psychologist attesting that you have a disability that substantially limits a major life activity and that you need an ESA
- Disability determination letter from the Social Security Administration
- Documentation showing you receive SSI or SSDI benefits
Healthcare professionals who provide telehealth services can provide reliable verifications of your need for an ESA as long as they have personal knowledge that you have a disability and a related need for the assistance animal. Personal knowledge includes knowledge gained through medical or therapy appointments the healthcare professional uses to diagnose and treat you.
The deceptive websites may claim to provide documentation from healthcare professionals of a customer’s need for an ESA. However, most only have people answer a simple questionnaire or sit for a brief interview, which doesn’t provide enough information to qualify for use in diagnosis and treatment. These websites target disabled individuals who may have limited incomes, and the information they provide could lead to legal trouble.
Instead of seeking certification that your animal is an ESA online, talk to your doctor. If your treating psychologist or physician prescribes an ESA to you, they can provide a letter verifying your need that should satisfy your landlord or condo board and help you avoid potential legal issues. Unfortunately, many well intentioned healthcare providers are not experts in the Fair Housing Act and typically write a very brief letter that may not be sufficient to obtain the accommodation. In these situations it is important to consult with a Florida ESA lawyer well versed in the Fair Housing Act in order to make sure that their request is properly documented.
Contact Florida ESA Lawyer Herb M. Milgrim
If you were denied a reasonable accommodation of an ESA for your Florida condo or have been accused of misrepresenting your animal as an ESA or Service Dog, consult experienced Florida ESA lawyer Herb M. Milgrim today. Call us for a free consultation at 954-966-3909.