What should an HOA do if an assistance animal causes harm after a reasonable accommodation has been granted?

When an assistance animal causes harm after a reasonable accommodation has been granted, it is important for the Homeowners Association (HOA) to consider revoking the accommodation as a potential option. Reasonable accommodations under the Fair Housing Act (FHA) are meant to support individuals with disabilities, allowing them to have assistance animals that help them live independently. However, these accommodations can be revisited if the behavior of the assistance animal poses a direct threat to the health or safety of others or causes substantial damage to property.

The key factor here is the balance between supporting the individual's needs and ensuring the safety and well-being of the community. If an assistance animal has exhibited harmful behavior, the HOA must assess the situation and determine if that behavior constitutes a direct threat. Revoking the reasonable accommodation can be justified in such cases, particularly if other options for resolving the issue have been exhausted.

It is also prudent for the HOA to consult legal counsel before taking any definitive action to ensure they comply with applicable laws and avoid potential legal repercussions. This step can help the association navigate the complexities associated with the Fair Housing Act and ensure that any actions taken are fair, justified, and legally sound.