December 2017 Newsletter

EMOTIONAL SUPPORT ANIMAL
(ESA) LOBBYING INITIATIVE
Donna Berger, Esq
Becker & Poliakoff
For the 2018 Legislative Session, Becker & Poliakoff’s
Community Association Leadership Lobby’s (CALL) primary
targeted lobbying initiative will address a growing topic of
concern for all types of shared ownership communities in
Florida: fraudulent emotional support animal (ESA) requests.
Far too many associations are required to spend limited
financial resources on evaluating fraudulent ESA requests. In
fact, the typical 200-unit condominium building receives five
or more requests every year, some of which are patently
fraudulent, and the board is required to evaluate each request
with the advice of legal counsel often spending significant
money in the process. CALL’s ESA Lobby is looking to inject
some clarity and common sense into the process by which
ESA requests are made, evaluated and approved or denied.
Our two primary goals are to:
Reduce the number of fraudulent requests by establishing
minimum standards which would require an in-person physician
visit which occurs within a reasonable time period prior to the
accommodation request being made.
Deter fraudulent requests by punishing those who would
submit such requests, including medical professionals who issue
fraudulent letters and the individuals who attempt to use
those letters to obtain a reasonable accommodation.
We would like to be very clear on this point: CALL’s ESA
lobbying initiative is not anti-pet; it is anti-fraud. The proliferation
of fraudulent requests for accommodation has actually had a
negative effect on persons with disabilities who submit legitimate
requests and CALL’s push to rein in abuse is designed to bolster
the legitimate need for service and support animals.
Former State Senator and B&P shareholder Ellyn Bogdanoff,
who was the lead lobbyist on our successful effort to pass
ELSS legislation through the Florida State Legislature in 2017,
only to have it vetoed by Governor Scott, will take the lead on
CALL’s ESA effort. All lobby participants will receive regular
updates from Ellyn starting in January and have access to
Ellyn throughout the process.
We strongly encourage you to become involved in the legislative
process that shapes your communities. If your community
is interested in getting involved please visit:
http://callbp.com/get-involved/lobbying-initiatives/esa/
or
email Donna Berger at DBerger@bplegal.com
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