Fair Housing and Emotional Support Animals

In Oregon and Washington, as in the rest of the United States, condominium associations and other housing providers are generally required to allow emotional support animals (ESAs) under certain conditions, even if their policies typically restrict pets. This requirement stems from the Fair Housing Act (FHA), a federal law that prohibits discrimination in housing based on disability. Here's when a condominium must allow an emotional support animal:

  1. When the Tenant Has a Disability: Emotional Support Animal (ESA): A person must have a disability, as defined by the FHA, to qualify for an emotional support animal. Disabilities can include physical, mental, or emotional conditions. The ESA must be necessary to help the person with their disability. In other words, the ESA provides therapeutic benefit, such as alleviating symptoms of a mental health condition (e.g., depression, anxiety, PTSD).
  2. When the Animal Is Not a Pet: An ESA is not considered a pet under the law, even though they may live in the same space as pets. Therefore, condominium rules that restrict pets typically do not apply to ESAs.
  3. When a Request for Accommodation Is Made: Written Request: The person seeking the ESA accommodation typically needs to submit a written request to the housing provider (e.g., the condominium board). This request should include documentation that the individual has a disability and that the ESA is necessary to mitigate symptoms of the disability. Medical Verification: A healthcare professional (e.g., doctor, therapist, or counselor) must provide verification that the individual has a disability and that the animal is needed to assist with the person's disability. This can be in the form of a letter or other documentation from a licensed professional.
  4. When the Animal Does Not Cause an Undue Burden: Housing providers can only deny an ESA if accommodating it would impose an undue burden or if the animal poses a direct threat to the health or safety of others. For example, if the animal is disruptive or dangerous, or if accommodating the animal would require substantial changes to the building, the request might be denied.
  5. No Additional Fees: Housing providers are not allowed to charge additional pet fees or deposits for an ESA, although they can still require residents to maintain the general condition of the property. Summary: A condominium must allow an emotional support animal if the resident has a disability and the animal is necessary to assist with that disability. The individual must provide appropriate documentation from a qualified healthcare provider to substantiate the need for the animal. However, the animal must not create an undue burden or pose a significant threat to the property or other residents. Remember, every request for an emotional support animal is unique, and any condominium association receiving such a request should contact their counsel for advice.