In 2020, Florida passed a significant law to clarify the guidelines surrounding emotional support animals, aiming to address the misuse of online certifications.
The new law primarily seeks to combat the exploitation of online certificates that falsely claim to qualify pets as emotional support animals (ESAs). This has been a widespread issue, leading to the need for more stringent regulation. As per the law, any form of registration obtained via the internet is not sufficient proof of a person’s disability or their requirement for an ESA.
The statute highlights that it is illegal to discriminate against individuals with disabilities requiring an ESA for housing. This means that housing providers must accommodate such individuals without imposing additional charges, such as pet fees. This aligns with existing federal laws that protect the rights of individuals with disabilities.
For those handling rental properties, it is crucial to know what can be requested from a person claiming the need for an ESA. The law stipulates that reliable information needs to support the claim of disability and the necessity for an ESA. This documentation can come from various sources such as a healthcare provider with knowledge of the person’s disability, or from government agencies that provide disability benefits.
When the disability is not immediately evident, landlords are entitled to ask for documentation that confirms the disability and the consequent need for the ESA. Acceptable evidence includes determinations of disability from governmental bodies, receipts of disability benefits, or documentation from qualified healthcare professionals who have treated the individual in person at least once.
In cases where the need for the ESA is also not readily apparent, documentation should indicate how the animal assists or provides therapeutic support. This can include specific information from healthcare practitioners, provided they are acting within their scope of practice. If a person requests more than one ESA, each animal’s need must be individually documented. Housing providers are also permitted to require proof of vaccinations for the ESA.
However, housing providers cannot demand information that reveals the particular diagnosis or severity of a disability. Medical records related to the disability are also off-limits unless voluntarily submitted by the tenant. Additionally, landlords cannot mandate the use of specific forms or notarized statements for accommodation requests.
The essence of the new law is to ensure fair treatment for those with genuine needs for emotional support animals while preventing the misuse of fraudulent certifications available online.
Florida’s updated regulations on emotional support animals aim to protect individuals with disabilities while addressing the misuse of false certifications. It provides a balanced approach, ensuring that those with legitimate needs are supported, and landlords are clear on their rights and responsibilities.
Source: Floridarealtors
