Animals
Most associations may have originally been intended to be a pet free community. As the years go by and expectations have shifted over the decades, it is not uncommon now to see animals, such as dogs within the association as it has become their permanent home. In many cases, these animals are considered ‘Assistance Animals’ and under the FHA, ‘Assistance Animals’, are not held to the training standards set forth by the ADA for ‘Service Animals’.
The Owner of such animals is required to follow the rules of the Association and the Palm Beach County Local Ordinances.
Palm Beach County Ordinance 98-22 Chapter 4-4 (a) –
Dogs. It shall be unlawful for any dog to be off the owner’s property (which property is exclusive to the owner) unless the dog is under restraint or control of a person by means of a leash or other device…
Palm Beach County Ordinance 98-22 Chapter 4-5 –
(a) The owner having control or custody of any dog, cat or psittacine bird that:
(1) Habitually barks, whines, howls, squawks or causes other objectionable oral noise resulting in a serious annoyance to a reasonable person, shall be deemed to be committing an act in violation of this section; or
(2) Disturbs the peace by habitually or repeatedly destroying, desecrating or soiling public or private property… shall constitute a public nuisance.
Palm Beach County Ordinance 98-22 Chapter 4-9 –
The owner of every dog and cat shall be responsible for the removal of any feces deposited by his/her animal on public property, public walks, public beaches, recreation areas or private property of others.
Offenders of these Ordinances should be documented and reported directly to Palm Beach County Animal Control. The board must make sure residents are adhering to the rules of the association.
In today’s modern age, the rights of animal owners are being expanded. But that does not mean that the other residents of the association must endure the misbehavior of others irresponsibility.
https://www.floridacondoattorneys.com/2022-guide-to-florida-emotional-support-animal-law/
Emotional Support Animal Concept
There are countless benefits to having a companion animal - from the unconditional love they provide to encouraging exercise and easing loneliness. But an animal can also help to protect against cognitive decline and alleviate the symptoms associated with certain mental health conditions. In fact, emotional support animals (ESAs) provide numerous therapeutic benefits to individuals struggling with mental health issues or suffering from certain emotional conditions. If you require an ESA, it's essential to be aware that you are afforded certain protections under both Florida law and the federal Fair Housing Act.
What is an Emotional Support Animal?
An ESA is a companion animal that offers emotional support or assistance to an individual with a mental disability. These animals are not pets. Instead, ESAs are prescribed by licensed healthcare providers (usually mental health professionals) to help alleviate one or more of the symptoms associated with certain psychological conditions.
An ESA does not require any formal training and can be any type of animal but is usually a dog or a cat. To qualify for an ESA, a letter must be issued by a licensed mental health professional or physician verifying their patient's need for a support animal. However, there is no requirement that an ESA wear a tag or harness indicating that it is a support animal.
What is the Difference Between Emotional Support and Service Dogs?
It's crucial to understand that an ESA is not the same as a service dog - and they are subject to different rules and regulations. Service animals are trained to do work or carry out specific tasks for a person with a physical disability. For instance, they might be trained to alert a person who is hearing-impaired of an alarm or guide a person who is visually impaired.
ESAs should also not be confused with psychiatric service dogs. These types of service dogs can assist an individual with PTSD by interrupting anxiety, reminding them to take medication, or making calls in the event of an emergency. Although ESAs and psychiatric service dogs can both help a person with a mental illness cope, an ESA does so with their presence and companionship while a psychiatric service dog is trained to perform certain jobs.
Unlike ESAs - which can be any species - service animals recognized by the Americans with Disabilities Act (ADA) are limited to specially trained dogs and in some cases, miniature horses. ESAs are not covered under the ADA and do not have the same legal protections in public places. However, both service animals and ESAs are covered by the Fair Housing Act.
What Are the Requirements to Obtain an ESA Letter?
The first step to obtaining an emotional support animal is speaking with a licensed healthcare professional. They can best assess your condition and determine whether an ESA would be beneficial to your treatment. If they believe an ESA can be helpful for your situation, they will provide you with an emotional support animal letter - this is a signed document stating that they recommend an ESA to help you manage your mental health condition.
Housing providers are entitled to open a dialogue to conduct a meaningful review and question the letter if the individual's disability is not readily apparent and they have reason to question the disability or need for the animal. Healthcare providers are not experts in the Fair Housing Act and they tend to make ESA letters very brief to avoid confidentiality issues. As a result, these letters are usually scrutinized by the housing provider's general counsel. Therefore, it is important for disabled individuals to consult with someone familiar with the Fair Housing Act, such as an attorney, before submitting a doctor's letter or other request for an accommodation.
ESAs are commonly used to help alleviate the symptoms associated with:
- Panic attacks
- Severe phobias
- Anxiety
- Depression
- PTSD
- Bipolar disorder
- Personality disorders
- Other emotional and psychological disorders
In order for an emotional support animal letter to be valid in Florida, it must be signed and dated on the licensed healthcare professional's official letterhead. HUD has recently issued a Guidance (FHEO-2020-01) discussing what is and is not considered reliable documentation to support an accommodation. In addition, Florida laws have changed and now make it a crime to misrepresent an animal as an ESA. It can also be considered a crime under Florida law for a healthcare provider to issue a letter in support of an accommodation if they do not have personal knowledge of the individual's disability.
Are Emotional Support Animals Allowed in Condos?
Even if your condo or apartment building has a "no pets" policy, the HOA or landlord may be required to provide you with an accommodation for your ESA. Unless the animal would pose a safety or health threat to others, housing providers are prohibited from denying housing to a person who requires an ESA to alleviate symptoms of an emotional disability.
While housing providers cannot discriminate against individuals who require ESAs, Florida passed a law that went into effect on July 1, 2020 that explicitly states what housing providers are (and are not) allowed to do when it comes to ESAs. Significantly, a housing provider is not permitted to request that you disclose your mental health condition or its severity - regardless of the routine processes they may have in place. In addition, a housing provider cannot deny your application because you did not supply them with information related to your disability that they are not allowed to ask for under the law, such as medical records.
But if the disability-related need for a support animal is not readily apparent, a housing provider may request certain information to support the ESA request. For example, they may ask for information that identifies the therapeutic emotional support provided by the specific ESA, a disability determination from the government, or proof of eligibility for housing assistance due to a disability. If more than one ESA is requested, the housing provider is permitted to ask for information regarding the need for each one.
The recently enacted law also provides penalties for those who misrepresent their pet as an ESA - it is a second-degree misdemeanor punishable by up to 60 days in jail and/or a $500 fine to knowingly offer falsified documents to a housing provider concerning an ESA request. Those found guilty of this offense must also perform 30 hours of community service for a community service program that serves people with disabilities within six months of their conviction.
We Can Help You Obtain ESA Approval for Your Florida Condo
If you require an emotional support animal or believe you might benefit from one in the future, it's best to consult with an experienced attorney who can advise you of your legal rights. The Law Offices of Herb M. Milgrim, P.A. is dedicated to representing clients in condo matters related to emotional support animals.
Serving the needs of clients throughout Florida, we offer skillful advocacy and reliable representation for matters concerning emotional support animals in Broward, Dade, and Palm Beach Counties, as well as Miami, Naples, Brickell, Hollywood, Davie, Pembroke Pines, Hallandale, Sunny Isles, Aventura, North Miami, Boca Raton, and West Palm Beach. In housing matters, we only represent owners - never the condo associations or their boards. To schedule a consultation, we welcome you to contact us at (954) 966-3909.
https://www.floridacondoattorneys.com/health-benefits-pet-companion-animal-esa/
Health benefits of a pet, companion animal, emotional support animal.
Millions of Americans have pets in their households and benefit from the unconditional love they bring. There are also countless health benefits that come with having a companion animal. But not all landlords and condo associations recognize these benefits and allow tenants or residents to keep pets in their units. However, if you require an emotional support animal (ESA) to relieve the symptoms associated with a mental health condition, you are afforded legal protections under state and federal law.
Health Benefits of Having a Pet
Pets can be a crucial source of support and comfort. In addition to providing affection and lifting spirits, research shows that pets also offer a wide variety of health benefits - emotionally, psychologically, and physically. Not only can they help with relieving the anxiety or stress related to certain events, but interacting with pets can increase good moods overall.
Studies indicate that having a companion animal by your side can:
- Decrease the risk of heart attacks
- Reduce loneliness and depression
- Increase your self esteem
- Increase cognitive functioning in older adults
- Provide opportunities to exercise and socialize
- Relieve stress
- Lower blood pressure
Significantly, a large study conducted last year revealed that those who own dogs are 24% less likely to die from any cause. In cases in which the person had already suffered a stroke or heart attack, they were 31% less likely to succumb to cardiovascular disease. Additionally, dog owners who walk their pets are found to get up to 30 minutes more exercise each day than those who don't.
Why ESAs Are Important for Individuals with Anxiety and Depression
Although the health benefits of having a pet are well-documented, it's vital to distinguish them from emotional support animals. Notably, ESAs are not classified as pets or service animals. They are specifically prescribed by licensed healthcare providers to help individuals with mental disabilities cope - and they can be particularly important to those who suffer from anxiety, depression, or other debilitating mental health conditions.
An ESA can assist an individual with depression or anxiety in several different ways. ESAs can support emotional functioning by helping with establishing social connections, acting as a buffer in situations that might feel uncomfortable, and providing protection from low moods. ESAs have been found to boost the production of the neurotransmitters in the body that stabilize one's mood, including dopamine and serotonin.
Because emotional support animals require walking, grooming, feeding, and playtime, they can make a person suffering from depression feel they have a purpose. They essentially force the individual to get moving and motivated since the animal needs their attention. Effectively, an ESA takes a person's focus off their own problems and redirects their mind toward the animal's care. Importantly, ESAs can also help ease the symptoms associated with panic attacks, bipolar disorder, phobias, and various other psychological disorders.
How to Qualify for an Emotional Support Animal in Your Condo or Apartment
It can be easier to keep an animal in your condo or apartment if your HOA or landlord allows pets. However, it's vital to understand that you have certain legal protections under Florida law and the federal Fair Housing Act if you require an emotional support animal - regardless of a "no pets" policy. If you have a mental health condition and believe you would benefit from having an ESA, the first step is speaking with a licensed healthcare professional about your symptoms. In the event that they determine an ESA would be beneficial to managing your condition, they will provide you with an emotional support animal letter.
Once a housing provider is in receipt of this letter, they are entitled to conduct a meaningful inquiry as to the need for the animal if the emotional disability is not apparent. Since these letters are usually very brief to comply with a medical professional's confidentiality obligations, they are usually subjected to a substantial amount of scrutiny by housing providers. If the documentation is reliable, the landlord is legally required to support an accommodation.
Critically, a law was passed in 2020 that specifies what housing providers are - and are not - allowed to do when it comes to ESAs. Although a housing provider can ask for certain information to support a request for an ESA, they are not permitted to require disclosure of a mental health condition or its severity. They are also prohibited from denying housing based upon an applicant's failure to provide information they are not allowed to request, including medical records.
It is against the law to knowingly misrepresent a pet as an ESA in Florida. Doing so could potentially result in second-degree misdemeanor charges punishable by up to two months in jail, a $500 fine, and 30 hours of community service.
We Can Assist You with Obtaining ESA Approval for Your Florida Condo
If you think you might require an emotional support animal to help alleviate the symptoms of a mental health condition, it's essential to consult with a knowledgeable attorney who can discuss your legal rights. The Law Offices of Herb M. Milgrim, P.A. is committed to providing high-quality representation to clients for a variety of condo matters related to emotional support animals.
Serving the needs of clients throughout Florida, we offer adept advocacy and diligent representation for matters concerning emotional support animals in Broward, Dade, and Palm Beach Counties, as well as Miami, Naples, Brickell, Hollywood, Davie, Pembroke Pines, Hallandale, Sunny Isles, Aventura, North Miami, Boca Raton, and West Palm Beach. In housing matters, we only represent owners - never the condo associations or their boards. To schedule a consultation, we welcome you to contact us at (954) 966-3909.
https://www.floridacondoattorneys.com/psychiatric-service-dogs-in-florida/
Psychiatric service dog - close up of dog's vest
Almost one out of every five adults in the United States lives with a mental illness. While there are various treatments available based on the severity of the condition and the way it affects an individual's life, psychiatric service dogs are becoming an increasingly common tool used for vital support. Not only can they make the day-to-day much easier for their handlers - but psychiatric support dogs can help them enjoy a better quality of life by easing their symptoms and assisting them with averting harmful behaviors.
What is a Psychiatric Service Dog?
Service dogs, including psychiatric service dogs, are not classified as pets. Under the Americans with Disabilities Act (ADA), service dogs are defined as those "that are individually trained to do work or perform tasks for people with disabilities." The ADA does not provide any restrictions concerning the breed or size of a service dog.
Some of the most common types of service dogs provide assistance to individuals who are blind, visually impaired, or have a physical disability. However, there are also service dogs that receive special training to help people who suffer from disabilities that cannot be seen. Psychiatric service dogs provide their handlers with critical support in carrying out the activities of their daily lives and allow them to live their lives more independently.
What is the Difference Between a Psychiatric Service Dog and an Emotional Support Animal?
It's important to understand that psychiatric service dogs are not the same as emotional support animals (ESAs). Service dogs are specially trained to perform a specific job for their handler. ESAs may be trained by their handler - but they are not trained to perform specific tasks or duties. Rather, their primary task is to provide comfort and companionship to someone suffering from an emotional condition.
In addition, ESAs do not have the same legal protections that service dogs are provided under the ADA. This means that they may not be allowed access into many of the same areas that a service dog would be permitted. Although there may be businesses that allow ESAs inside, their legal protection is limited to housing matters. While psychiatric service dogs are still afforded protections by the Department of Transportation's air travel regulations, airlines are no longer required to accept ESAs.
What Conditions Do Psychiatric Service Dogs Help?
Psychiatric service dogs often assist those with mental conditions that are so severe they impact their ability to carry out their everyday tasks. These dogs can help with a number of mental health conditions, including the following:
- Anxiety
- Posttraumatic stress disorder (PTSD)
- Depression
- Bipolar disorder
- Schizophrenia
- Obsessive-compulsive disorder (OCD)
- Panic attacks
- Agoraphobia
Depending on the specific condition of the handler, a psychiatric service dog can be trained to perform various tasks. Specifically, a psychiatric service dog is trained to mitigate the symptoms associated with the mental disability. For instance, they may provide environmental assessment, interrupt injurious behaviors, or remind the handler when it is time to take their medication.
Psychiatric service dogs may also act as a protective boundary for individuals who suffer from social anxiety and they can apply pressure from their nose or paws to alleviate stress for those who experience panic attacks. For those who suffer from PTSD, a psychiatric service animal can walk in front of their handler and ensure the surroundings are safe and passable - this can help the handler to feel secure and avoid a panic attack. In the event the panic attack occurs, the dog can provide tactile stimulation.
Psychiatric Service Dog Rights
By law, psychiatric service dogs cannot be denied entry into any public places - even if there is a no-pets policy in place. This includes public transportation, buses, airports, planes, offices, and the workplace. They are also legally permitted in condos, co-ops, and other housing. In fact, housing providers, condo boards, and landlords must allow psychiatric service dogs regardless of the pet policy in the building.
When an individual is in public with their service dog, people, businesses, and housing providers are prohibited from asking about your specific disability or require medical documentation in order for you to enter a particular premises. The handler also cannot be asked to show proof that the dog has been certified or trained. Specifically, only two questions are allowed to be asked: 1) whether the dog is required because of a disability, and 2) what task the dog has been trained to perform.
Contact an Experienced Florida Service Dog Attorney
If you require a psychiatric service dog or an emotional support animal, it's a good idea to consult with a knowledgeable attorney who can best advise you regarding your legal rights. The Law Office of Herb M. Milgrim, P.A. is dedicated to representing clients in condo matters in connection with psychiatric service dogs and emotional support animals.
Serving the needs of clients throughout Florida, we offer skillful advocacy and reliable representation for matters concerning service dogs and emotional support animals in Broward, Dade, and Palm Beach Counties, as well as Miami, Naples, Brickell, Hollywood, Davie, Pembroke Pines, Hallandale, Sunny Isles, Aventura, North Miami, Boca Raton, and West Palm Beach. In matters concerning housing, we exclusively represent owners - never the condo associations or their boards. To schedule a consultation, we welcome you to contact us at (954) 966-3909.
https://www.floridacondoattorneys.com/problem-of-fake-emotional-service-animal-registration/
Help from a Florida Service Dog Attorney
While service dogs provide essential services to people with various types of disabilities, an increasing trend involving people claiming their emotional support animals (ESAs) as registered service animals has led to numerous problems in Florida and throughout the U.S. While service dogs qualify under the Americans with Disabilities Act (ADA) to access areas of the public that are typically off-limits to regular pets, emotional support animals are not recognized under the ADA and cannot legally be brought into public places such as stores, airplanes, churches, and other public facilities.
Emotional support animals do qualify under the Fair Housing Act to live in pet restricted housing with their owners, but only if they are truly ESAs. Florida service dog attorney Herb M. Milgrim, Esq. can help people understand the state and federal regulations and laws that apply to service animals and assist with securing accommodations for ESAs to live in condominium complexes and other types of housing that otherwise restrict pets.
What Is a Fake Service Animal?
Some people falsely claim that their pets are service animals to try to bring them into public places or avoid paying extra money to bring them on airplanes or have them in rental housing. Falsely claiming a pet is a service animal is damaging to people who need the assistance of real service dogs. It is also illegal in numerous states to falsely claim an animal that is only a pet is a service animal. In Florida, falsely claiming a pet as a service animal is a second-degree misdemeanor under § 413.08(9), Fla. Stat. (2023), and a conviction can result in a jail sentence of up to 60 days plus a $500 fine.
The ADA and Service Animals
The ADA protects people who have disabilities against discrimination and ensures they can access public places and businesses equally. Disabled people who have service dogs can bring them with them to public places under the ADA, but the definition of a service dog under this law is very specific. Dogs are the only animals that qualify under the ADA as service animals, and they must receive individual training to perform certain tasks to help a disabled person. For example, a service dog might be trained to act as a guide dog for a blind person, a hearing dog for a deaf person, a mobility dog for a person who is wheelchair-bound, or an alert dog for someone who has an intractable seizure disorder.
ESAs are not service animals and are not protected under the ADA. Unlike service dogs, ESAs do not receive specific training to perform disability related tasks for their owners. While some people obtain fake certificates for ESAs online, these are fraudulent. The only way to get a real ESA is to be prescribed the animal by a licensed psychologist, counselor, psychiatrist, or a treating healthcare provider that has personal knowledge of your disability.
Are Service Dogs Registered or Certified?
Service dogs are not registered or included in an official registry. If someone claims their service dog is registered, their claim is most likely not legitimate. Service dog registration sites online are not considered as reliable documentation for purposes of obtaining an accommodation. The owner of a service dog does not need to carry a certificate of any type, and a business can't ask to see one. Websites that offer to register animals as service dogs or ESAs are not legitimate and are not recognized under any state or federal law. Obtaining a certificate from one of these online sites or buying a vest does not transform your pet into a protected service dog or ESA.
How Do You Get a Real ESA?
There is only one reliable way to get a real emotional support animal. To qualify, you must be prescribed an ESA by a licensed healthcare professional who is providing treatment to you. Getting a letter online from a provider who has never treated you is not considered reliable. Instead, your licensed counselor or psychologist will need to write an ESA letter that clearly states that you have been diagnosed with a disability and that your ESA is a required component of your treatment. The letter also needs to include information about the counselor's or psychologist's license. Many Housing Providers like Condominium Associations will question these letters and may reject letters that do not have the necessary information.
ESA registration is not real. If you order registration for your pet online and try to present it to your homeowner's association (HOA) to claim your pet is an ESA, you will likely be denied. Doing so also places you at risk of being criminally charged under Florida law as previously noted. Even if you are prescribed an ESA, that only allows you to have your pet in housing accommodations and does not allow you to bring it into restaurants, grocery stores, hotels, or on airplanes despite claims by these online websites that you can bring your ESA anywhere. In fact, U.S. airlines no longer allow people to bring ESAs on airplanes because of the problems that have occurred.
Why Fake Service Dogs Are Harmful
Fake service dogs are harmful for all of the following reasons:- Poorly trained animals can attack real service dogs or people
- Fake service dogs damage the public's perception of real service dogs
- Falsely claiming an ESA is a service dog leads to confusion
- Owners allowing others to pet their fake ESAs lead to people trying to pet real service dogs, which distracts them from their duties
Talk to a Florida Service Dog Attorney
If you have been prescribed an emotional support animal by your licensed mental health provider, you need to do things the right way to bring your animal into your home. Even if you have a real ESA, that does not give you the right to bring it into public places. Florida service dog attorney Herb M. Milgrim, Esq. can help you understand the legal requirements to have your ESA live in your home. To learn more, contact the Law Offices of Herb Milgrim, P.A. today at (954) 966-3909.
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Participants will learn about the Fair Housing laws on the state, federal and local level that impact community operations and actions with respect to requests to maintain emotional support animals on the property despite pet or animal restrictions.
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