Are Pets & Assistance Animals the Same?

With so many condominiums in Hawaii, understanding the distinctions between pets, service animals, and assistance animals is crucial, especially when navigating the Association of Apartment Owners (AOAO/AOAU ) policies. These classifications not only influence community dynamics but also intersect with legal requirements, particularly in Hawaii. Let's delve into these differences and their implications for condominium AOAOs in our Aloha State.

Defining the Categories

Pets: These are domesticated animals kept for companionship and enjoyment. Common examples include dogs, cats, birds, and fish. AOAOs often have specific policies regarding pets, such as restrictions on size, breed, or the number of animals allowed.

Service Animals: Under the Americans with Disabilities Act (ADA), a service animal is defined as a dog that has been individually trained to perform tasks or do work for an individual with a disability. These tasks must be directly related to the person's disability, such as guiding individuals with visual impairments, alerting those with hearing impairments to sounds, or providing assistance during seizures. It's important to note that, per the ADA, only dogs (and in some cases, miniature horses) qualify as service animals. 

Assistance Animals: This is a broader category that encompasses both service animals and emotional support animals (ESAs). Assistance animals provide support to individuals with disabilities but are not necessarily trained to perform specific tasks. ESAs, for instance, offer comfort and emotional support to individuals with mental or emotional conditions. Unlike service animals, ESAs can be of various species and do not require specialized training. 

Implications for Condominium AOAO Policies

AOAOs often establish rules to maintain harmony within the community, which may include pet restrictions. However, it's essential to recognize the legal distinctions and protections afforded to service and assistance animals:

• Service Animals: AOAOs must accommodate individuals with disabilities who require service animals, even if the community has a "no pets" policy. Service animals are not considered pets and are protected under the ADA. Therefore, AOAOs cannot impose pet-related restrictions or fees on residents with service animals. 

• Assistance Animals (Including ESAs): While not covered under the ADA, assistance animals are protected under the Fair Housing Act (FHA). This means that AOAOs are required to make reasonable accommodations for residents with documented needs for assistance animals, regardless of pet policies. However, AOAOs can request appropriate documentation to substantiate the need for an assistance animal and may deny requests if the animal poses a direct threat to the health or safety of others.

Requirements in the State of Hawaii

Hawaii adheres to federal guidelines regarding service and assistance animals but also has specific state provisions:

• Service Animals: Hawaii law aligns with the ADA, recognizing service animals as dogs trained to perform tasks for individuals with disabilities. These animals are permitted in all public accommodations and housing, regardless of pet policies.

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• Assistance Animals: The Hawaii Civil Rights Commission acknowledges that assistance animals, which can include service animals, support animals, therapy animals, and comfort animals, are not considered pets. An assistance animal does not have to be a dog; cats and other animals can also serve as assistance animals. Housing providers, including AOAOs, are required to make reasonable accommodations for individuals with disabilities who have assistance animals.

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It's important to note that while AOAOs can request documentation for assistance animals, they cannot demand certification or identification for service animals beyond what is permissible under the ADA. Additionally, misrepresentation of a pet as a service or assistance animal is subject to penalties under Hawaii law.

Conclusion

Understanding the distinctions between pets, service animals, and assistance animals is vital for condominium AOAOs to ensure compliance with federal and state laws. By recognizing these differences, AOAOs can create inclusive communities that respect the rights of all residents while maintaining harmony and adherence to established policies.