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November 2019                                                   Viewpointe, Page 31
       Emotional Support Animals




          Condominium associations and homeowners’ associations   process whereby the person who made the request is asked to   that the accommodation is and remains reasonable. For instance,
       are housing providers governed by the federal and state Fair   provide information as may be necessary for the association   if the ESA is a dog, then conditions of the accommodation
       Housing Acts (referred to cumulatively as the “FHA”) and   to come to a decision. However, once the person who made   may require the dog to be leashed when it is on common areas
       will be liable if they are found to have engaged in housing   the request has established his or her disability, his or her need   and may require the dog’s owner or caretaker to pick up and
       discrimination. Amongst the classes of people protected by the   for the requested accommodation, and that there is a nexus   dispose of the dog’s feces, etc. The conditions placed upon
       FHA are people who have disabilities. A disability is defined as   between the disability and the accommodation, continuing the   accommodations need to be determined on a case by case basis
       a mental or physical impairment that substantially limits one or   interactive process unnecessarily is discrimination. When the   and may not be unduly burdensome.
       more major life activities, a record of having such impairment,   claimed disability is a mental impairment such as depression,      Many associations seek guidance from their attorneys
       or being regarded as having such impairment. When someone   anxiety, or post-traumatic stress disorder, often the disability and   when ESA accommodation requests are received because the
       has a disability, associations are required to provide reasonable   nexus will be established through a letter submitted by a medical   penalties and burdens of defending housing discrimination
       accommodations to rules, covenants, and policies that will afford   provider prescribing an emotional support animal (“ESA”) to   complaints are substantial. Although states including Florida are
       the disabled person an equal opportunity to use and enjoy his   ameliorate the disability or treat its symptoms.   looking into ways to stop disability accommodation fraud, at the
       or her dwelling. The person seeking the accommodation must      When an ESA accommodation is requested in a “no pets”   present time these efforts are still in their infancy. Since ESA
       make a request to start the process of obtaining any desired   community or in a community with pet restrictions, there is   accommodations have become a complicated and developing
       accommodation. There is no particular way an accommodation   no special training or certifications that the ESA is required to   area of the law, associations should seek legal advice when
       request must be made, but associations should encourage (but   have. In fact, an ESA may be an ordinary pet in all respects.   determining what to do when a request for an accommodation
       not require) requests to be submitted in writing. Note that,   However, the requested accommodation must be reasonable in   is received.
       pursuant to the FHA, owners, tenants, and guests are all eligible   that it does not unduly financially or administratively burden the
       to request medical accommodations from housing providers.   association, require the association to change the nature of the   Sachs Sax Caplan, P.L., Peter S. Sachs 
          Once an association receives a request for a reasonable   services it provides, or create an unacceptable risk to the safety
       accommodation, the association is required to consider whether   and welfare of residents. An association is permitted to grant
       to grant or deny the request—which can be an interactive   the accommodation subject to specified conditions that ensure
      In Praise Of Gratitude




      By Oris Martin                                        Write thank you                                   Providing expert specialized care
                                                         notes to others – Think                                         for over 25 years
         For many years, researchers have touted a healthy diet,   about  people  who  have
      regular exercise and maintaining a healthy body weight as the   done something for you or             •  Commitment to Treatment and
      key ingredients to successful aging and longevity. However,   inspired you in some way
      while those wellness habits are still important, it is now widely   and let them know how you            Diagnosis of Retina, Macula and
      agreed that having a positive attitude and being thankful can also   feel.                               Vitreous
      contribute to improved health and longevity.          Thank some one
         Several studies show gratitude improves one’s sense of well-  mentally – As you contemplate things that you ought to be
      being and motivates employees to work harder. Gratitude can   grateful for, someone may come to mind who you’ve lost contact   •  Personalized Patient Care
      also have a positive impact on personal relationships. A study of   with, or someone who is no longer alive.
      couples found those who express gratitude toward their partner      Keep a gratitude journal - Make note of the big and little
      feel more positive about their relationship as well as increase   joys in your life. On days you feel down, go back and read them   •  Several Locations for Patient
      the positive feelings of their significant other, leading to better   and they are sure to lift your spirits.  Convenience
      communication in the relationship.                    Count your blessings – Pick a time, it can be at the end of
         In a joint study, researchers from the University of California   each day, or once a week and write down positive things which
      and the University of Miami asked one group to write about   occurred that you are grateful for. Be specific about the details   •  Advanced Treatment for Macular
      what they were grateful for. They asked a second group to note   and reflect on the positive emotions that you experienced at the   Disorders
      moments that irritated or displeased them, while the third group   time.
      wrote about events that had affected them neither positively nor      Pray – People who are religious often use prayer to cultivate
      negatively. At the end of the ten-week study, those in the first   gratitude.                         •  Advanced Surgical Techniques
      group who expressed their gratefulness, had a more optimistic      Meditate – Mindful meditation can help you focus on
      outlook on life. Surprisingly, those positive feelings also affected   positive things that you are grateful for, such as the beauty of
      other areas - they exercised more and had fewer doctor visits than   nature and your health.          •  Affi liation with “State-of-the-Art
      those who focused on the negative.                    While a healthy diet and exercise undoubtedly contribute to   Surgical Center”
         While feelings of gratitude are often spontaneous, experts   longevity, researchers found that there were several intangibles,
      believe that gratitude like any other habit, can be cultivated. Here   among them social engagement, optimism and gratitude, which
      are some proven ways to make gratitude part of your everyday   were equally important. This Thanksgiving be thankful – it’s   Lauren R. Rosecan,
      conversation rather than doing it only at Thanksgiving.  good for your health! 
                                                                                                                     M.D., Ph.D., F.A.C.S.

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