Your HOA's Pet Rules May Be in Jeopardy
In this week's tip, we let you know about a new service that may contribute to the erosion of your pet rules.
Started in New York City in March, Pet Friendly Realty NYC boasts that it's a residential real estate agency that specializes in working with buyers and renters to determine if they're eligible to live in their new home with their pet, regardless of building restrictions.
The company estimates that 75 percent of all rental buildings in New York City don't allow pets and that 45 percent of condos carry the same restriction.
The founder, Hal Eisenstein, is a real estate lawyer turned tech entrepreneur who also runs the Emotional Animal Support Center, which bills itself as the leading national provider of prescriptive animal accommodation letters for both housing and flying. According to a press release, PFRNYC uses its knowledge of federal housing laws to educate clients on their options when they face no-pet policies.
After an initial screening, the service connects clients with a licensed therapist who can determine if they or a family member will qualify for an emotional support animal; the service then helps them find a home.
This is an interesting idea, notes Ben Solomon, an attorney and founder of the Association Law Group in Miami, who advises more than 500 associations and represents developers through his second law firm, Solomon & Furshman LLP.
"The comfort pet issue is a very big issue down here," he notes. "There's no question pets are like family and you need to make sure you have your pet when you move, so you need to know which buildings you can go to. This sounds like a service that could be helpful for some. But a good lawyer, if asked, could easily look at an association's declaration and tell you what the rules or restrictions are without having to use a third party like this."
Gregory S. Cagle, a partner at Savrick Schumann Johnson McGarr Kaminski & Shirley in Austin, Texas, and author of Texas Homeowners Association Law, also says the idea is interesting. "I've certainly seen something of a trend of people calling animals service animals," he says. "The Fair Housing Act requires housing providers to make reasonable modifications when it comes to handicaps, and that includes for a service animal."
The challenge Cagle has had has been identifying what qualifies as a service animal. Serious question: Do chickens qualify? Find out that answer—and whether you should dump your pet rules altogether—in our new article, HOAs' Future Murky? Agency Promises to Help Buyers Beat Pet Bans.
Best regards,
Matt Humphrey
President