The use of emotional support animals to provide therapeutic treatment to their owners is a growing trend across the United States. Qualified individuals who may suffer from various types of disabilities are utilizing the therapeutic benefits that emotional support animals can offer. However, one issue that emotional support animal owners may encounter is how to maintain their emotional support animals in condominiums that do not allow pets of any kind on the premises. The Fair Housing Act ("FHA") makes it unlawful for any person to refuse "to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford ... person(s) [with disabilities] equal opportunity to use and enjoy a dwelling." Waiver of no pet rules for animals that assist disabled persons in coping with their disabilities is a modification required by the Fair Housing Act, regardless of whether the animal is tasked, trained or assists by providing companionship and emotional support.
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