Florida Emotional Support Animal Requirements
by Jennifer Hicks , Esq . Director , Young Lawyers Division Hicks Law Firm
, P . A .
It is common to hear complaints from occupants about pets in “ no pet ” community associations , since it is often unknown that both the federal Fair Housing Act (“ FHA ”) and the similar Florida version of that Act in Part II of Florida Statutes Chapter 760 ( the “ Florida FHA ”) applies to those associations as well as to rental communities and other shared forms of housing . When an association or other housing provider has restrictions which limit pets and / or their size , disabled occupants with a medical need for an emotional support animal (“ ESA ”) or a service animal have the right under both FHA and the Florida FHA to request a “ reasonable accommodation ” for an exception to those restrictions . In response to complaints that some occupants are obtaining ESA rights without proper medical support and that the process in general for obtaining ESA rights is confusing , in 2020 the Legislature enacted Section 760.27 , Florida Statutes ( the “ Statute ”) to provide guidance . Although the Statute is detailed , the basics are simple .
When a disability is obvious ( such as when an occupant is blind or confined to a wheelchair ), the occupant does not have to provide medical information establishing that they have a disability to a housing provider . Further , they also do not need to provide documentation establishing a need for a service animal if the animal ’ s service for the occupant is also obvious , such as that of a guide dog for the blind .
In contrast , when an occupant ’ s disability is not obvious , they must provide documentation to the housing provider that 1 ) verifies that they have a condition which substantially limits one or more major life activities 2 ) describes the need for the requested accommodation and 3 ) demonstrates the relationship between the disability and the need for the requested reasonable accommodation .
For circumstances when an occupant ’ s disability is not “ readily apparent ,” the Statute provides a list of documentation that can be provided to a housing provider , which supports that they have a disability . The Statute states that health care providers not physically located in Florida who provide documentation must assert that they have “ provided in-person care or services ” to their patient . As a result , occupants claiming a disability in Florida cannot use one of the many internet medical “ mills ,” which will for a fee claim that a person is disabled and in need of an ESA without actually reviewing that person ’ s medical history and condition .
The Statute further lists in detail the licensed medical professionals who may provide documentation establishing an occupant ’ s disability and need for an ESA . That list is very broad , including for instance within the definition of licensed “ health care practitioners ” chiropractors , dentists , nutritionists , and acupuncturists . No housing provider should therefore be rejecting an occupant ’ s claim of medical disability on a belief that such a request can only come from a medical doctor .
Next , once it has been established that the occupant is disabled , the Statute provides that the documentation for an ESA must similarly be provided by a licensed medical professional , and again provides an extensive list of those such professionals . It further provides that the documentation provided must state information which identifies the assistance or support that an ESA will provide in connection with the occupant ’ s disability . In making that assertion , the medical professional must be advising for that need within the scope of their medical practice . Of note , the Statute provides that a disabled occupant can have multiple ESAs if they provide medical documentation for that specific need .
If a disabled occupant ’ s request meets these documentation requirements , the documentation can almost assuredly be considered sufficient because the housing provider must rely on the representations of the medical professional since it has no right to know and / or question a disabled person ’ s personal medical information .
Finally , while the Statute provides that a housing provider can establish a policy and / or procedure for addressing requests for ESAs , that provider cannot demand the use of a specific form or process , or that documentation provided be notarized . It further states that housing providers are prohibited from demanding an ESA registration , identification card , or other such specification , due to the fact there is no governmental regulation of the same .
Knowing the ins and outs of the Statute can assisting in preventing a housing provider from violating the federal and Florida FHA or alternatively assist in easing a client ’ s request for assistance with requesting an exception for an ESA or support animal from a housing provider which restricts pets . �
THE DOCKET - APRIL 2022 | 23