In a recent case (MTCC 584 v. Kakish), a condominium corporation faced off against a resident who wanted to keep a dog despite rules prohibiting pets in the units. The resident, supported by three letters from her doctor and one from her treating psychiatrist, argued that she needed the dog as an emotional support animal (ESA) to manage anxiety and depression, as well as improve her sleep.

The condominium corporation contested, asserting that the letters did not prove a qualifying “disability” under the Human Rights Code. However, the Tribunal sided with the resident, emphasizing the medical evidence provided. Consequently, the resident was permitted to keep the dog as an ESA.

This case reinforces residents’ rights to have emotional support animals under the Human Rights Code, as long as acceptable medical evidence of a disability and the necessity for the animal are demonstrated. It also opens discussions about potential rules to balance the rights and interests of all residents, suggesting considerations like noise control, careful animal supervision, and even training requirements.

For more updates on the latest condominium law developments, stay tuned to Condo Law News. Read the original article by James Davidson on February 16, 2024, for in-depth insights into this groundbreaking decision.

Resident Permitted to Keep Dog as an “Emotional Support Animal”