How Your Doctor Can Help:
Frequently Asked Questions (FAQ)
Many condominiums, apartments, cooperatives, and mobile home parks forbid pets. Are
there laws that give people a right to keep pets?
Yes. If you have a mental, emotional, or physical condition which limits one or more of
your major daily activities, bonding with a pet may help alleviate your condition. If so,
your doctor can "prescribe" a pet for emotional or physical support as part of
your treatment. The physical and emotional health benefits of pets are well-accepted by
the medical profession. Under federal and Florida fair housing laws, these so-called
assistance animals must be allowed even in housing that forbids pets. A refusal to
allow an assistance animal to accommodate your condition is considered housing
discrimination against a person with a disability under the Fair Housing Amendments Act.
What mental, emotional and physical conditions would qualify for an assistance animal?
Any condition qualifies, as long as your doctor says that the condition limits a major
activity of daily living and prescribes a pet to alleviate the condition.
What is considered a "major activity of daily living"?
There is no specific definition under the law, but examples of major daily life
activities include performing manual tasks, washing, dressing, preparing food,
housekeeping, doing laundry, socializing, working, learning, walking, seeing, hearing,
speaking, sleeping, etc.
How can my doctor help?
First, discuss with your doctor how a pet could help you cope with your condition. Then
ask your doctor for a simple written letter. Here is a good example
(Name) is my patient and I have diagnosed (him/her) with (name of
mental, emotional or physical condition) which limits (his/her) major life
activities, including (list all that apply) performing manual tasks, working,
seeing, hearing, socializing, etc. I have prescribed an emotional support animal, to
alleviate (his/her) problems of (list all that apply) isolation,
loneliness, depression, stress, anxiety, etc. resulting from these limitations and to
assist (patient name) in coping with (his/her) (illness/disability).
After I get the doctor's letter, what should I do?
Submit a copy of the doctor's letter to your association or landlord together with a
cover letter requesting an exception to the "no pet" rule for an assistance
animal to accommodate your condition. Be sure to include the following language I am
requesting a reasonable accommodation to the "no pet" rule to allow me to have
an assistance animal as prescribed by my doctor in the enclosed letter. I have researched
this issue and found that "housing discrimination" toward people with
disabilities includes a "refusal to make reasonable accommodations in rules, policies
or practices, when such accommodations may be necessary to afford such a person equal
opportunity to use and enjoy a dwelling." (42 U.S.C. 3604).
Would it be better if an attorney wrote the cover letter to the association?
An attorney's letter may be a faster and more effective way to get your association to
comply with the law. Moreover, A FREE LEGAL CONSULTATION IS AVAILABLE FOR THOSE AGE 60 AND
OLDER, WITHOUT REGARD TO INCOME, FOR CLAIMS UNDER FAIR HOUSING LAWS. Please call the
Animal Rescue Coalition for information about attorneys who can help.
What happens if my association or landlord continues to refuse to allow an assistance
animal?
You or your attorney should advise the association or landlord in writing that, unless
they reconsider, a complaint will be filed by a specific date with the Department of
Housing and Urban Development (HUD) for housing discrimination. If your association or
landlord still refuses to accommodate your assistance animal, contact the Animal Rescue
Coalition for information on how to file a complaint to the Florida Commission on Human
Relations www.fchr.state.fl.us
and a list of attorneys who can assist you. |