Understanding Emotional Support Animals (ESAs) in Community Association

Written by Heidi Hensell

August 7, 2025

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What Are Emotional Support Animals (ESAs)?

Emotional Support Animals (ESAs) are animals that offer comfort to individuals with emotional or mental disabilities like anxiety, PTSD, or depression. Unlike service animals, ESAs are not trained for specific tasks but are still protected under the Fair Housing Act (FHA).

This means that even in communities with strict “no-pet” policies, associations must provide reasonable accommodations for residents with valid ESA documentation.

Legal Obligations for Community Associations

Under the FHA, housing providers—including HOAs and condo boards—must make exceptions to existing pet policies for verified ESAs.

What’s Required of the Association?

Cannot enforce breed, size, or weight restrictions for ESAs.
Must waive pet fees and deposits for ESAs.
Cannot request medical records or diagnosis, but may ask for documentation from a licensed provider confirming:
The resident has a disability.
The ESA provides emotional support related to that condition.

Valid Reasons for Denial

While rare, requests can be denied if the ESA:

Poses a direct threat to health or safety.
Causes an undue financial or administrative burden.
It would fundamentally change how the community operates.

Any denial must be based on credible evidence and handled carefully to avoid legal risk.

Best Practices for CAMs and Boards

1. Establish a Written ESA Policy

Develop a clear accommodation process, including documentation requirements and response timelines. This helps ensure consistency and protects against liability

2. Respect Confidentiality

Treat all ESA requests as private matters. Store documentation securely and only allow access to designated individuals.

3. Educate Your Team

Train board members and staff on FHA regulations and ESA protocols to avoid unintentional violations.

Why It Matters

Failing to follow proper ESA procedures can lead to expensive lawsuits. In one well-known case, a Manhattan co-op was ordered to pay $750,000 after improperly denying an ESA request and retaliating against a resident—despite valid documentation.

Final Takeaway

As a CAM, board member, or property manager, your role includes understanding ESA laws to balance community rules with federal obligations. A clear, consistent, and respectful approach to ESA requests is the best way to stay compliant and protect your community.