Can one have a therapy dog in condo association that does not allow pets?

A therapy dog is one trained, registered, and insured to visit facilities like hospitals and nursing homes to help cheer up the residents. A condo association cannot be forced to make an exception for a therapy dog in "no pets" housing.

If, however, the owner is disabled and owns a pet as part of their treatment plan (usually called an emotional support animal), federal housing law (the FHAA) may require the landlord to make an exception in policies to permit the person to keep the pet in spite of a "no pets" policy.

The distinction between a therapy dog and an emotional support dog is a very important one. The Fair Housing Amendments Act, which requires a modification of pet policies in certain cases applies to people with disabilities and not to all pet owners (even if the pet is also a trained therapy pet). In other Words, the rights belong to the human half of the partnership, not to the pet. If the human does not qualify under the FHAA, then generally the landlord cannot be required to modify their "no pets" policy.

Consult a qualified attorney to learn whether this law applies in your own situation and whether your state, county or city has any additional laws pertaining to pet ownership that may apply.

You can also petition your association's board, in writing, to grant you the exception you seek. Be prepared with the documentation that supports your assertion that the animal is a therapy animal, and confirm that you understand your responsibilities to clean up after the animal, keep the dog on a leash, and so forth, so that the animal poses zero threat to your neighbors.