The Law Offices of Herb M. Milgrim, P.A.
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Many Florida Condominium Associations have made it increasingly difficult for individuals with assistance animals. This includes Service Dogs and Emotional Support Animals. Contrary to both State and Federal Laws, some Associations refuse to allow Emotional Support Animals. They will only allow individuals with Service Dogs. The Law Offices of Herb M. Milgrim, P.A., has experience with Florida service dog laws. We also handle emotional support animal letters and laws. We will help you protect your rights.
The main differences between Service Dogs and Emotional Support Animals are clear. Service Dogs require specialized training to assist their owner with a disability-related task. Emotional Support Animals do not need specialized training. According to HUD, Emotional Support Animals, by their very nature, may relieve depression and anxiety. They help reduce stress-induced pain in persons with certain medical conditions affected by stress.
Unfortunately, most individuals are unaware of an important distinction. While the Fair Housing Act (“FHAA”) recognizes Emotional Support Animals, the Americans with Disabilities Act (“ADA”) does not cover them. That means that you cannot bring Emotional Support Animals to public places like stores, restaurants, and shopping malls.
Recent data suggests that Florida Condo Owners and Homeowners are increasingly searching online for “Service Dog Certification.” They are purchasing Emotional Support Dog Kits. Some are even trying to obtain a Doctor’s emotional support animal letter through online services. These online registration kits and online Doctors are big red flags for Condo and HOA Associations. They usually result in a denial of the request. Rumor has it that a Condo Association’s lawyer went online with a demonstration. The lawyer registered “Pluto” as a Service Dog on behalf of “Minnie & Mickey Mouse.” They purchased a tag and vest and posted pictures of them online. This was just to demonstrate that they have no real value or validity. We can help navigate the tricky process of an emotional support animal letter and registration.
Many public places are afraid to question somebody with a dog for fear of a discrimination complaint. They also fear the bad press that usually follows. As a result, we see many dog owners in stores, restaurants, and shopping malls with their dogs. We know these cannot be service dogs. The issue of people bringing their animals to public places has become so problematic. The Florida Legislature recently amended Florida Law, making it a crime to misrepresent that your dog is a Service Dog. Florida Statute Section 413.08(9) was amended on July 1, 2015. It states that a person who misrepresents having a service animal commits a misdemeanor of the second degree.
According to the Statute, a public accommodation may ask if an animal is a service animal necessary for disability. They may also ask what disability-related tasks the animal’s trainer taught it to perform for its owner. There may be more questions to ask individuals seeking accommodations in Florida Condominiums and Homeowner Associations. This applies if their disability is not readily apparent.
If Condo Associations and HOAs have reason to question a person’s disability or need for an assistance animal, they have rights. They have the right to request additional information before the Association can properly evaluate an accommodation request. Unfortunately, many individuals are unaware of the extent to which Associations can pursue these inquiries. They often exceed what is usually allowed. This is where an HOA Attorney can help keep the Associations in check.
Also, it is important to note that you don’t automatically get accommodation simply because you are disabled. You must seek out accommodation from the Association and provide reliable documentation. This establishes that you have a disability and that the animal will provide disability-related assistance or emotional support. Many people attempt to handle this on their own without fully understanding the complexities of State and Federal Laws. They ultimately cause more harm than good.
In light of the recent changes to Florida Law and the ever-increasing problem with people misrepresenting their need for these assistance animals, Florida Condo Associations and HOAs have been cracking down and have made it much more difficult for people to obtain an accommodation to the Association’s Pet Restrictions or Pet Rules. Individuals with genuine needs are left wondering how to get a service dog or an emotional support animal in Florida. Before approaching your Association with a request, it is advisable to seek the counsel of a Florida lawyer who represents individuals and has experience with the Fair Housing Act and laws regarding Service Dogs and Emotional Support Animals.
If you or someone close to you has an Assistance Animal, such as a Service Dog or Emotional Support Animal, and your Condo Association or Homeowner Association does not allow pets, you will need to request an accommodation from the Association. We will assist you throughout the entire process to ensure your request is properly documented and has the best chance of being approved.
The Law Offices of Herb M. Milgrim, P.A., is a Florida Law Firm that represents Condo Owners, Homeowners, and Cooperative Owners who have disputes or are contemplating Litigation or a Lawsuit against their Association. We provide prospective clients with a free case evaluation. You can call us to discuss your case and see if we can assist you. Once clients retain us, we review all relevant documents and governing Federal & Florida laws, advising our clients on the best course of action. Call us now at (954) 966-3909 or visit our contact page for a free consultation!
* Free Case Evaluation is by telephone and does not include legal advice. Office consults with legal advice are available on a flat fee basis.