Are Emotional Support Animals Permitted in a "No Pets Allowed" Property?

By Kathryn L. Simpson, Esq.

It can be a familiar prohibition in condominium complexes and rental properties: NO PETS ALLOWED. Does that include an emotional support animal?

The federal Fair Housing Act enlarges the definition of assistance animal to include "emotional support animals," which it considers to be a reasonable accommodation. An emotional support animal is a type of assistance animal for a person with a disability under the Fair Housing Act.

An emotional support animal is not a pet, according to the U.S. Department of Housing and Urban Development, and can be animals other than dogs, like cats or other species.

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