https://www.hoaleader.com/public/Eroding-HOA-Rules-Agency-Promises-Help-Buyers-Beat-Pet-Bans.cfm
True Story: Chickens as Comfort Animals
This is an interesting idea, notes Ben Solomon, an attorney and founder of the Association Law Group in Miami, who advises more than 500 associations and represents developers through his second law firm, Solomon & Furshman LLP.
"The comfort pet issue is a very big issue down here," he notes. "There's no question pets are like family and you need to make sure you have your pet when you move, so you need to know which buildings you can go to. This sounds like a service that could be helpful for some. But a good lawyer, if asked, could easily look at an
association's declarationand tell you what the rules or restrictions are without having to use a third party like this."
Gregory S. Cagle, a partner at Savrick Schumann Johnson McGarr Kaminski & Shirley in Austin, Texas, and author of
Texas Homeowners Association Law, also says the idea is interesting. "I've certainly seen something of a trend of people calling animals service animals," he says. "The
Fair Housing Act requires housing providers to make reasonable modifications when it comes to handicaps, and that includes for a service animal."
The challenge Cagle has had has been identifying what qualifies as a service animal. "We're not talking dogs," he says. "It's pretty normal that people will say a dog is a service animal for a blind resident. That would clearly be an exception to rules that prohibit dogs.
"But I had a case with a subdivision with larger lots that had a
restriction against pigs and chickens," recalls Cagle. "A woman who had a chicken coop and said her chickens were service animals that had been prescribed to treat post-traumatic stress disorder. She produced a letter from a licensed therapist—although it was a marriage therapist—saying these were prescribed to help her deal with stress."
Cagle was skeptical but surprised by what his research turned up. "I found one article that talked about chickens housed at assisted-living facilities," he notes. "There's some therapeutic benefit from a chicken pecking on the ground or from just petting the chicken. It's said to be helping some patients who had Alzheimer's or other issues. So it's difficult to say it's impossible for you to have therapeutic or service chickens."
That leads to Cagle's concern about a company like PFRNYC. "When I read about a new company that's going to help people with comfort animals, under that sort of umbrella, it really opens the door as to what pets—whether it's chickens, dogs, cats, or guinea pigs—owners can have if you start claiming they're there to treat some illness."