In California, a state regulatory agency handed down a ruling that gives individuals suffering from mental and emotional ailments the right to keep an "emotional support" dog with all the legal benefits that apply to animals such as seeing-eye dogs. This ruling mandates that exceptions be made to No Pet Policies to allow an emotional support dog (or cat, or ferret, or etc.). The Americans with Disabilities Act (ADA) has a broad definition of what constitutes disability:

• Individuals with a physical or mental impairment that substantially limits one or more major life activities

• Individuals who are regarded as having such an impairment

• Individuals with a record of such an impairment

This definition includes "orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism."

This definition is broad and most likely the board is not qualified to decide whether or not a resident's condition fits within it. Under federal law, the board is entitled to obtain information that is needed to evaluate whether a reasonable accommodation is necessary to "verify that the person meets the Act's definition of disability."

The board should require that all requests for accommodation be made in writing to avoid confusion. As long as an exception to rule or policy is being requested because of a disability, the board has a duty to investigate and respond. If the disabled resident (or his doctor) can show that an emotional support animal would reduce the effects of the disability, the board should look for ways to accommodate.

Once an accommodation is granted, the Board cannot levy extra fees in exchange for waiving the no pet policy. However the disabled resident remains responsible for the animal clean up and damage repair. If the pet proves to be disruptive, the Board can require removal if the resident isn't successful in behavior modification.

Pets are as American as pumpkin pie. So don't get "pie eyed" with power or "squash" the rights of disabled residents who need them for emotional reasons. Look for ways to accommodate those with real needs.

Published: April 12, 2006

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Richard Thompson owns Regenesis, a management consulting company that specializes in condominium and homeowner associations. He is a nationally recognized expert on HOA management issues. Regenesis publishes The Regenesis Report, a monthly newsletter for HOA boards, developers and managers. To subscribe, go to Regenesis.net. He can be contacted by email at .