July 28, 2025
Client Alert: Emotional Support Animals in Community Associations: Balancing Fair Housing Obligations with Resident Expectations Through Effective Accommodation Policies
For community associations, few issues require more careful balancing of the individual rights of owners and the collective community interests than accommodation requests for emotional support animals (“ESA”). Under the federal Fair Housing Act (“FHA”), state fair housing laws, and local fair housing ordinances, qualified disabled owners are entitled to reside with an ESA even in a condominium, cooperative, or homeowners association with restrictive covenants that limit or prohibit animals on the property. For other residents who intended to live in an animal-free or small animal community, ESA’s can create concerns about health and safety. For the board, ESA’s can give rise to issues such as property damage and noise complaints. Given the need to balance these sometimes competing interests while properly and timely addressing reasonable accommodation requests for ESAs, prudent boards should establish policies and procedures for handling such accommodation requests.