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FLORIDA’S EMOTIONAL SUPPORT ANIMAL STATUTE – PART TWO
By
Eric Glazer, Esq.
Published April 12, 2021
Suppose
an owner or a renter makes a request to keep an emotional
support animal. Suppose further that the person’s disability is
not readily apparent. What proof can the association ask for to
prove the person is disabled?
(b) If a person’s disability is not readily apparent, request
reliable information that reasonably supports that the person
has a disability. Supporting information may include:
1. A determination of disability from any federal, state, or
local government agency.
2. Receipt of disability benefits or services from any federal,
state, or local government agency.
3. Proof of eligibility for housing assistance or a housing
voucher received because of a disability.
4. Information from a health care practitioner, as defined in s.
456.001; a telehealth provider, as defined in s. 456.47; or any
other similarly licensed or certified practitioner or provider
in good standing with his or her profession’s regulatory body in
another state but only if such out-of-state practitioner has
provided in-person care or services to the tenant on at least
one occasion. Such information is reliable if the practitioner
or provider has personal knowledge of the person’s disability
and is acting within the scope of his or her practice to provide
the supporting information.
5. Information from any other source that the housing provider
reasonably determines to be reliable in accordance with the
federal Fair Housing Act and s. 504 of the Rehabilitation Act of
1973.
Notice that the above statute does not
allow the association to ask for “medical records” only
“reliable information.” BE CAREFUL
Suppose a person wants more than one emotional support animal?
If a person requests to keep more than one emotional support
animal, the association may request information regarding the
specific need for each animal.
What about safety concerns?
The association may require proof of compliance with state and
local requirements for licensing and vaccinating each emotional
support animal.
Next week we’ll talk about actions that can subject the
association and/or its officers, directors and managers to
liability.
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About
HOA & Condo Blog
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Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
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decades and is the owner of Glazer
and Sachs, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at 11:00 a.m. each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.
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