Our town just started a Fair Housing Board since Legal Aid folded in our area. The board has come to us and stated that we need to accept Emotional support pets in our complex. We have a pet-free complex and have never accepted dogs because the walls are thin and we don't want to have to clean up after the pets on the lawn. We will allow an inside cat-- but of course everyone wants a dog and they know how to get a doctor to write a prescription for their dog (or three dogs). Is this true what they are saying about Fair housing-- does this get upheld in court?

Thanks!

Pretty sure this depends on state law. In NH an emotional support animal is considered a pet. Where as a "service" animal is an animal that provides physical help, such as a seeing eye dog, a seizer detecting dog etc. A service animal will have documentation that they were trained at a recognized training facility, and be registered as a service animal. A "companion" or "emotional support" animal will, not, it is simply a pet and the owners have a note from a doctor that says they should have a pet. In NH a service animal is allowed wherever there owners are, including restaurants, stores, public transportation, or apartments. A companion animal is not.

Use the above search engine and the words ESA or Poster John (MI) , you will find detail discussion esp. from the poster John

But basically if you complex falls under Federal Fair Housing laws, you must accept an ESA with proper documents, though you can require the owner to pick up after their ESA

State Fair housing laws may also come into play but the big one Is the Federal Fair housing act Not to be confused with the ADA which the above poster seems to do

To be clear: disregard what Jennifer said. It does not make sense. (State laws cannot override federal laws which cover this -- which is the Fair Housing Act.) As phil said, Jennifer may be confusing animals under the ADA (Americans with Disabilities Act). In any case, something is wrong -- because, again, state laws may add additional laws, but cannot take away federal laws. And, by federal law, proper Emotional Support Animals ARE protected, are NOT pets, and, yes, we have to take them.

In any case, as Phil said, do some searching here as we've discussed it a bunch. But, long story short, yes, you have to take them if they are proper. And getting them "proper" is pretty easy and our hands are fairly tied about what we can require of them to "prove" anything.

- John...

Regardless of what your local board says, just smile and nod and wish them a good day.

When people call you about these types of pets, just say you need; VERIFIABLE DOCUMENTATION.

Verifiable Documentation.

I haven't seen one person come through after I have used that phrase with them.

Then smile, nod, and ignore until it becomes an issue with an application.

I AM curious of they actually called them "Emotional Support Pets". If so, it's pretty funny to see a "Fair Housing Board" that clearly has no idea what they are talking about since they can't even get the legal terms correct. :)

- John...

@NE

Great advice all-- thank you so much.

Great advice all-- thank you so much.