12-Oct-12 – Between 2005 and 2008, a Pomeranian named “Biscuit” (left) was in the middle of a fight between the condo association at Marina City, defending its “no pets” policy, and a unit owner who said the animal was needed as an emotional support dog for her daughter. There were no clear winners. The unit owner was first fined $110, then sued by Marina Towers Condominium Association for $4,358, then charged $1,600 for the association’s legal fees. The association allegedly spent $27,000 evicting the dog. A housing discrimination complaint was filed with the Illinois Department of Human Rights but in the end, the daughter moved out of Marina City and Biscuit relocated to Seattle.

Since then, emotional support animals – a pet that may not be specially trained but provides therapeutic benefit to its owner – have become more accepted at residential buildings that otherwise do not allow pets. The Fair Housing Amendment Act of 1988 established a procedure for getting emotional support animals past a “no pets” policy – essentially just requiring a note from a doctor – but it has taken 20 years for the animals to feel welcome, particularly at residential communities in Chicago.

Driving this trend may be fear of fines and lawsuits. In April, the condo association at 3150 North Lake Shore Drive was sued by the Illinois Department of Human Rights after it tried to ban a 12-pound miniature poodle whose owner suffered from chronic depression. In May, an apartment complex in New York was fined $85,000 for not allowing residents to keep emotional support dogs.

By the time the condo association at Marina City was ready to cautiously count emotional support dogs as allowed service dogs, the climate had shifted. On July 11, 2012, property manager David Gantt wrote a memo to residents of Marina City’s west tower, alerting them that a service dog had been approved for a resident.

“The Association has [been] assured that the dog is healthy and has received all his vaccination shots,” read the memo from Gantt (right). “Please note that when the dog is in the passenger elevators or in any of the common areas, the dog will be [on a short leash], will use a muzzle, and will have a vest that identifies him as a service dog.” Residents were asked not to pet or even approach the dog, as “the dog is not a pet and will be working and on duty while in the common areas.”

A detail unknown to anyone at the time was that of the three dogs the condo association would soon approve, one of them would belong to a member of the condo association’s board of directors. Maureen Leonard, daughter of the condo board president, had a Cavalier King Charles Spaniel named “Wells.” The male dog was vaccinated and registered with the City of Chicago on September 14, 2012.

On July 10, 2012, at a special board meeting, the rules of Marina City’s condo association had been modified to update a policy on cats and specify criteria for service dogs. (Left) A three-year-old Cavalier King Charles Spaniel. Photo by Andrew Eatock.

Benefit of dogs convinces scientists

Of the main types of working dogs, emotional support dogs – that a doctor has said is necessary for a person’s emotional health and well being – may serve an arguably more significant purpose than regular pets but they are not considered by experts to be as particularly trained as therapy dogs. Those dogs require certification and may serve more than one person. At the top of the pile are service dogs, which are individually trained to help people with disabilities and are not considered by the Americans with Disabilities Act to be companion animals.

Callandre Cozzolino, Director of Operations for Canine Therapy Corps, an organization in Chicago that provides animal-assisted therapy dogs, says that in general, the therapeutic benefit of dogs is unquestioned. “The theoretical perspective that these dogs do help individuals is completely scientifically based. The human-animal bond is an undeniable thing.”

“There is a lot of research that suggests dogs have a calming influence,” says Cozzolino (right). “They can reduce blood pressure and heart rate. And there are studies that suggest that people can be given less pain medication after surgery if they’re in the presence of a dog and petting, giving and receiving affection from the animal. So it’s not pseudo-science.”

Emotional support animals, she explains, used to be considered service animals until the Americans with Disabilities Act clarified its definition in 2010.

“People were getting them and holding them out as service animals and the ADA didn’t have any clarification on that so for awhile that was considered to be ok. Now they have clarified their position on emotional support animals and made that its own sect and said those dogs can live with their people and go on airplanes.”

But while emotional support dogs can help people and may be worthy of exemption to a building’s “no pets” policy, Cozzolino says there is certainly potential for misuse.

“That being said I think there’s potential for abuse in all of the categories really because there’s not a standardized [certification]. There are organizations out there that certify service dogs and require testing but the Americans with Disabilities Act does not require [emotional support dogs] to be certified.”

Although she says there are penalties for misrepresenting a dog as a support animal, “whether that’s an adequate deterrent I don’t know.”

Condo associations caught in the middle

Sheli Lulkin, president of the Association of Sheridan Condo/Co-op Owners, says buildings that do not allow pets are leery of requests for support dogs.

“We have had one case where the person tried moving in and changing the no-pet rule,” recalls Lulkin (left). “When that didn’t work it suddenly became a support animal. That didn’t work either.”

She defends the no-pets policies. “There are people who move into a no-pet building because they need that environment. They may have a fear or allergy. Their rights should be respected also.”

Lulkin is aware of a lawsuit currently in progress involving a pet-free building and a unit owner with a dog trained to detect bed bugs.

“There are legitimate uses for support animals,” she says. “One of them should not be as a trick to bypass association rules.”