Enforcing a no-pets policy is one of your primary powers as a member of your condominium’s association. However, it is important to understand that your rules are subject to strict federal and state laws.
Exceptions to no-pet rules
Under New Hampshire RSA 167-D and the Americans with Disabilities Act (ADA), service animals refer to any trained dog that can work or perform tasks for the benefit of an individual with a disability. These statutes protect individuals and their service dogs in common areas and public spaces.
Similarly, the RSA 354-A and the federal Fair Housing Act (FHA) safeguard individuals and their emotional support animals (ESAs) in housing. This gives them the right to request a reasonable accommodation to a condominium’s no-pets policy.
What you can and cannot do
When a condo owner requests to keep an animal despite a “no-pets” rule, the association should follow the established federal and state protocols.
If an owner claims their dog is a trained service animal, you cannot ask questions or request documentation if the disability is obvious. If their disability is not apparent, you may ask these questions:
- Do you require a dog due to your disability?
- What work or task can the trained dog perform?
Meanwhile, the guidelines are different for ESAs. If the owner claims the animal is for emotional support, you have the right to request a letter from a licensed healthcare professional who has a legitimate clinical relationship with the resident. It is important to note that you cannot probe for a specific medical diagnosis or a history of the resident’s condition.
When to take legal action
While you must grant reasonable accommodation despite existing condominium rules, service animals are not above the law. If a resident uses a vest, leash or tag to falsely represent their dog as a service animal, it can count as a misdemeanor. Because the line between a valid accommodation and a rule violation can be thin, it would be best to seek advice from an attorney to avoid complications.