6083 |
Section 75. Emotional
support animals.-- |
6084 |
(1) Every
homeowner or renter in this state shall have the |
6085 |
right to own a companion
animal and to have such animal live |
6086 |
with them in their home if
such companion animal is deemed |
6087 |
helpful to the person's
physical or psychological well-being as |
6088 |
attested to by at least two
qualified health care professionals. |
6089 |
(2) Any
municipal or county code or ordinance, or any |
6090 |
purported rule, declaration,
by-law or other form of restriction |
6091 |
contrary to the right provided
in subsection (1) contained in |
6092 |
any governing document of any
condominium, cooperative, mobile |
6093 |
home park, homeowner, or any
other common interest ownership |
6094 |
community association shall be
deemed unconscionable, and thus |
6095 |
unenforceable, invalid and of
no legal effect. |
6096 |
(3) An
animal does not require specialized training or |
6097 |
skill in assisting its owner
to be classified as a companion |
6098 |
animal pursuant to this
section. The animal can be a cat, dog, |
6099 |
ferret, bird, gerbil, or any
other commonly accepted |
6100 |
domesticated animal. However,
if such training can be |
6101 |
documented, a letter from only
one qualified health care |
6102 |
professional is required, as
per pre-existing federal disability |
6103 |
and fair housing laws. |
6104 |
(4) Qualified
health professionals include any physician |
6105 |
or advanced registered nurse
practitioner who is licensed in |
6106 |
this state to prescribe
medications for emotional or mental |
6107 |
conditions, or any mental
health worker, mental health |
6108 |
counselor, psychologist, or
social worker, who is licensed in |
6109 |
this state to practice
counseling therapy. The letter must say |
6110 |
that the animal is necessary
to ameliorate and help with life |
6111 |
functions for a condition
covered under the Americans with |
6112 |
Disabilities Act. The letter
does not have to give details of |
6113 |
the nature of the unit owner's
disorder, in order not to invade |
6114 |
the patient's privacy per the
Health Insurance Portability and |
6115 |
Accountability Act. Where the
primary residence of the owner is |
6116 |
in another state, the
qualified health care professional is |
6117 |
defined as a qualified health
care professional licensed in |
6118 |
their home state. |
6119 |
(5) If
it becomes necessary for an owner or renter in any |
6120 |
condominium, cooperative,
mobile home park, homeowner or any |
6121 |
other common interest
ownership association to enforce this |
6122 |
section in court against an
association which has threatened to |
6123 |
limit his or her right to own
and reside with a companion animal |
6124 |
either orally or in writing,
the homeowner shall be entitled to |
6125 |
recover his or her reasonable
costs and attorney's fees if the |
6126 |
homeowner is the prevailing
party. This attorney's fee provision |
6127 |
is not reciprocal. |
6128 |
Section
76. Notwithstanding any provision to the contrary |
6129 |
contained in a declaration of
condominium, condominium bylaws, |
6130 |
or other documents, a
condominium developer who rents or leases |
6131 |
any unsold units in a
condominium must pay all monthly |
6132 |
maintenance fees on those
units to the association as if the |
6133 |
units were owned by individual
owners. |
6134 |
Section 77. This
act shall take effect July 1, 2007. |