Reasonable Accommodations for Disabilities and Service Animals in Condominium: A Guide for Property Managers
- Stratastic Inc.
- 17 hours ago
- 4 min read
Another complex issue that arises in pet-related disputes is the request for accommodation concerning service animals or emotional support animals.
In cases where a pet is deemed to be in violation of the condominium’s pet provisions, the resident may argue that the animal is required for medical reasons, making it a service or support animal.
Legal Framework and Responsibilities for Property Managers
Under the Ontario Human Rights Code and the Condominium Act, condominium corporations must consider reasonable accommodation requests for residents with disabilities. These requests could involve exceptions to pet restrictions, like allowing service or support animals. Property managers must take these requests seriously and ensure the corporation complies with its legal obligations. The goal is to balance the needs of the resident with the rights and interests of other residents.
What is a Service Animal and its Role?
A service animal is typically a dog (though sometimes another type of animal) that is individually trained to assist a person with a disability. These animals perform specific tasks such as guiding visually impaired individuals, alerting people with hearing impairments, or providing physical assistance, like pulling a wheelchair. Understanding the role of service animals is crucial for property managers when evaluating accommodation requests.
Understanding Reasonable Accommodation
A reasonable accommodation refers to a modification or adjustment made to a policy, practice, or environment to ensure individuals with disabilities can enjoy equal opportunities and access. In the context of condominium communities, this might mean making an exception to a pet restriction to allow a service or support animal. The Ontario Human Rights Code ensures that individuals with disabilities are entitled to reasonable accommodations based on their needs.
Requesting Reasonable Accommodation
When a resident requests accommodation for a service or support animal, they are required to provide documentation that confirms the disability and the need for the animal. This request should be made in writing and may include:
A letter from a healthcare provider confirming the resident’s disability.
An explanation of how the support animal assists with the disability.
Any other reasonable information that supports the need for accommodation.
Property managers should be respectful and ensure the process is not unduly burdensome. While documentation can be requested, it should focus only on the need for the animal and how it relates to the disability—personal details about the disability itself cannot be requested.
Temporary Accommodations and Balancing Interests
Sometimes, it may be necessary to grant temporary accommodation while the request is being reviewed. For example, allowing the pet to remain in the condo temporarily until the required documentation is submitted. However, any temporary accommodation should have a clear time limit, and the property manager should remain consistent in their communication with the resident.
In some cases, the Condominium Authority Tribunal (CAT)Â has supported restrictions on animals granted accommodation. For example, a dog that was granted accommodation due to medical reasons was required to wear a diaper in common areas to reduce the impact on other residents. This demonstrates how accommodations can balance the needs of an individual with the broader responsibilities of the condominium corporation.
Handling Disputes and Ensuring Fairness
Disputes may arise if residents feel they are being denied reasonable accommodations, or if other residents feel the accommodation creates an unfair burden. To manage such situations, property managers should:
Document the Process:Â Keep clear and detailed records of all requests, supporting documentation, and the decision-making process.
Consult Legal Counsel:Â Seek professional legal advice to ensure compliance with the Ontario Human Rights Code and the Condominium Act.
Communicate Transparently:Â Maintain open communication with the resident requesting accommodation, explaining the process and timelines.
Balance Rights and Responsibilities: Ensure that the needs of the resident with a disability are met while respecting the rights of other residents and fulfilling the corporation’s obligations.
Further Resources
Want even more helpful tips on condo management? Check out our article Keeping My Dog in an Apartment: Creating responsible and dog friendly condos and Condo Living with Cats: Our top tips for National Cat Day!
Our blog also offers a wealth of information on relevant condo law topics, making it a valuable resource for property managers and boards alike. Or, explore Stak’d, our library with over 10,000 hand-curated condo-related resources for additional summaries and tools, or dive deeper into our blog for more detailed discussions on topics that matter to you and your community.
Reasonable Accommodations and Service Animal in Condos: In Conclusion
Reasonable accommodations are essential for ensuring that all residents, including those with disabilities, can fully enjoy their homes in a condominium community. Property managers must carefully evaluate accommodation requests, particularly those involving service or support animals, while balancing the rights and needs of all residents. By following the legal framework, consulting professionals when necessary, and maintaining transparent communication, property managers can create an inclusive, compliant, and welcoming environment for all residents.
If you are a property manager handling accommodation requests, it’s crucial to stay informed about your legal responsibilities and approach each request thoughtfully. By doing so, you can ensure a fair and supportive community for all residents, regardless of their abilities.
-Stratastic Inc.
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