Q. I live in a 40-unit condo building, which has a “no pet” amendment from 1980. A woman recently purchased a unit and has been seen with a dog, and the dog barks all the time. She signed all the disclosure forms stating “no pets, no renters.” She has given the board a note from a nurse practitioner that the dog is an emotional support dog. What can we do?   

                                   —Irritated Tenant

A. “Common-interest communities, such as your condominium association, are subject to both federal and state fair housing laws,” says Donna A. Zanetti, Esq., of the firm Leach Johnson Song & Gruchow, which has offices in Las Vegas and Reno. “Nevada’s fair housing law, NRS 118, mirrors the federal law in most respects. Therefore, this brief answer will focus on the federal Fair Housing Act Amendments (“FHAA”) which protect persons from discrimination in housing based on disability among other characteristics.

“Presumably, the owner has informed the board that she has a disability and that the dog provides her with assistance for this disability. Under FHAA, the association must consider making a “reasonable accommodation” for the emotional support dog, despite any restriction prohibiting pets in its governing documents. A reasonable accommodation is a change, exception or adjustment to a rule, policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy their dwelling, including the common areas.

“The board must also keep in mind that by law an emotional support or assistance animal is not a “pet”. Therefore, many pet restrictions and rules do not apply. Further, emotional support or assistance animals are not limited to dogs. Any type of animal may fulfill this function.

“Assuming that the owner’s disability is not readily apparent, the association may ask for documentation of the owner’s disability and how the dog provides emotional support that alleviates one or more of the symptoms or effects of that disability. The documentation need not come from an M.D. If the nurse practitioner’s letter adequately addresses these two points (i.e. the existence of a physical or mental impairment that substantially limits one or more major life activities and how the dog alleviates its symptoms or effects), then the board must make the accommodation to allow the owner to keep the emotional support animal both within the unit and on the common areas.

“An association must make a reasonable accommodation at its expense, unless the accommodation: (1) imposes an undue financial or administrative burden, (2) fundamentally alters the nature of the association’s services, (3) the specific assistance animal poses a direct threat to the health, safety and welfare of others that cannot be reduced or eliminated by another reasonable accommodation or (4) the specific assistance animal would cause substantial property damage that cannot be ameliorated by another reasonable accommodation. In most cases, the assistance animal will not trigger one of the above exceptions and the association will need to make the accommodation.

“However, the owner is responsible for the dog’s conduct, which would include effectively addressing the nuisance created by excessive barking. The board may enforce its nuisance provisions against the owner for excessive barking by following the violation enforcement provisions of both the state law and its governing documents.”