Emotional Support Animals in Housing

Complainant and her spouse purchased a condominium unit that had a “no pets” policy in the recorded declaration.  The HOA filed suit to evict complainant when she moved in with her ESAs.  Complainant filed discrimination complaints with the Commission and the U.S. Department of Housing and Urban Development (HUD).  She settled her HUD complaint with the HOA whereby she could keep her ESAs, and, as a component of that settlement, she agreed to withdraw her complaint with the Commission.  The Executive Director thereafter substituted in place of the Complainant because the settlement did not address state law public policy concerns to include articulating in the house rules that an ESA and a service animal is not a “pet” that was otherwise forbidden by the declaration, as well as to pursue training for the HOA board of directors.  The parties conciliated the case and as of March 31, 2025, staff continue to monitor compliance with the terms and conditions of the agreement.