When chapter members request to bring an emotional support animal (ESA) with them to their chapter house, there is a unique set of challenges presented to the housing corporation: how to review requests, create and communicate clear guidelines for housing the animal, the impact on other members, and more.
While we have seen organizations take several different approaches to managing this process, one thing is true across organizations: housing corporations should be clear and consistent when creating and enforcing emotional support animal policies. Because of the legal requirements of the Emotional Support Animal Request process, it is important that you engage your national organization to help you navigate the process and ensure consistency from chapter to chapter of your organization. There are a few basic laws and policies that should be considered when creating your own procedure, which we outline below.
The Fair Housing Act (FHA) & Emotional Support Animals (ESAs)
The Fair Housing Act prohibits discrimination in renting, buying, or financing housing. In general, the FHA protects people with disabilities and requires housing providers to make reasonable accommodations for persons with disabilities. An ESA can be a reasonable accommodation, but can also be unreasonable. It is essential that an organization create and codify procedures to review ESA requests fairly and consistently across properties.
What’s Required in an ESA Approval Process
As stated above, it is crucial that your organization is clear and consistent when creating and enforcing an ESA policy. Some key points to consider are:
- Notification Requirements;
- A person with a disability must notify their housing provider if they need a reasonable accommodation and the provider must grant the request if it is reasonable, as a part of an interactive process between the resident and the property owner.
- Connection between ESA and Disability; and
- The ESA must provide a service to the person with a disability that is connected to that person’s disability.
- Whether a Reasonable Accommodation can be made.
- A reasonable accommodation is a change or adjustment made to a housing policy or practice that allows a person with a disability to equally use and enjoy their dwelling.
- Some accommodations can be unreasonable, and all requests should be subject to the same analysis.
Creating an ESA Approval Process
Housing corporations should be clear and consistent when creating and enforcing emotional support animal policies. The easiest way to accomplish this is to analyze requests at the national level and provide consistent guidance to local house corporations that may need to manage their own property’s requests.
Requests should be reviewed by a committee and be clearly outlined in the organization’s procedures. It’s also crucial to engage the member making the request throughout the review process. Members’ needs, paperwork, and circumstances can vary greatly. Ensuring that your process is navigable and reasonable will protect you from the consequences of a “take it or leave it” approach.
Once a request is reviewed, be sure to communicate a plan to the member. This should outline any reasonable accommodations being made or unreasonable accommodation requests that are being denied. If there are expectations of the member, such as keeping a dog on a leash, they should also be outlined and formally acknowledged by the member.
Common Pitfalls
Look out for common mistakes and misconceptions about ESA policies:
- A request for a reasonable accommodation can be made at any time.
- An organization cannot require a specific notification form so long as the required information is provided in writing.
- While housing providers can request information to evaluate a person’s disability and related need, they are not entitled to know an individual’s diagnosis. It is appropriate for the housing provider to require documentation from the person’s health care professional that affirms a disability is present and that the ESA provides for the need related to that disability.
- The need to fill the house does not qualify as an undue burden and does not make a request unreasonable. To deem a request unreasonable, some other circumstance(s) must be present.
- An ESA policy cannot limit the size or breed of an ESA. However, it is permissible to deny a request because of specific issues with an animal’s conduct.
Making reasonable accommodations for members’ emotional support animals is key in effectively managing a property. By following these guidelines, you’re well equipped to create organization wide policies to consistently review requests and provide reasonable accommodations.
If you have questions about a specific policy or procedure or are looking for further advice, please reach out to your client executive or consult your inter/national headquarters.
This article is based on a presentation by Amy Hebbeler of Fraternal Law Partners, shared with MJ Sorority. With thanks to both Amy and Fraternal Law for sharing.
In an ideal world, house corporations can evaluate the physical state of their properties and plan to address concerns and make updates to chapter houses as their schedules and financial circumstances allow. However, in the real world, this isn’t always possible and work needs to be done on the property due to unforeseen weather damage, a water leak, or other unexpected event that can lead to a claim.
Roof damage can be particularly disruptive and requires immediate attention. As your partner in managing these claims, MJ wants to be sure you’re thinking about the long-term implications of the choices you make when repairing or replacing the damaged roof. As always, our goal is to carry the claim effectively and efficiently through the process with your carrier and make you aware of the latest technologies and materials to consider when addressing the damage to your property.
As you begin repairs and/or replacement of your roof, we would encourage you to consider, at the very least, an assessment of the state of your roof before beginning repairs. This is best practice when beginning repairs on any claim as you consider the efficiencies and potential benefits of making improvements along with repairs.
Your current carrier provides comprehensive coverage to “repair or replace the damaged area with materials of like kind and quality.” Addressing your roof claim is the perfect opportunity to implement additional fortification measures that may prevent or mitigate future damage. Most notably, while you may receive quotes that meet your state’s building code requirements, these should be treated as the minimum of repairs, and you should strongly consider hiring a contractor that will take additional measures to fortify your roof with technologies like impact resistant shingles and wind and rain resistant ventilation. While these decisions may be difficult to make when you’re making improvements beyond the replacement value covered by your policy, we firmly believe that the use of higher quality materials will save you in the long run.
You are likely going to be replacing shingles that, due to their age, are not engineered to be as wind resistant as the newer, more advanced shingles available on the market today. Worsening weather conditions have included significantly stronger winds in areas that have not historically experienced such extreme weather, waring on older structures not built to withstand increasingly high winds. This map, maintained by FEMA, may help you evaluate your risk for wind at your property. You will need to evaluate whether the increased cost of these shingles and other fortification measures will save you in the long run should another wind/hail incident occur.
See below for resources outlining these innovative solutions, measures we believe are imperative to maintaining your insurance coverage long term and maximizing the longevity of your roof. Also included is a webinar with contact information for our business partner, Bone Dry, who may be able to provide an assessment of your roof and provide recommendations for fortification.
Out of Sight, Out of Mind: The Importance of Roof Inspections
Updating and Maintaining Your Chapter House Roof
Webinar: Managing Your Chapter Roofs with Bone Dry
If you are able, a claim can be an opportunity to make improvements to your chapter house roof and prevent future damage. Reducing the frequency and severity of future claims to your roof serves to maintain your premium and preserve the comprehensive coverage that the MJ Sorority program provides. We encourage you to reach out to our team with any questions about preferred materials as you make a plan to repair or replace your roof.
Welcome spring with the March edition of MJ Sorority’s News & Notes, filled with fresh insights to help you manage risk and plan for the season ahead!
Here’s what else you don’t want to miss in this month’s newsletter:
- Skip to the housing section where this month we’re helping you prepare for the season ahead, including storm readiness and the importance of roof inspections.
- Click straight through to the chapter services section for transportation best practices to keep members safe during events.
- And more!
As a property owner of a sorority chapter house, you likely keep a close eye on the building’s interior, exterior, and overall maintenance to ensure it remains safe and well-kept. However, there’s one critical area that might not get the same level of attention — the roof. Since it’s “out of sight,” it often becomes “out of mind.” Unless there’s visible interior leaking or a recent windstorm, roofs rarely make it onto a regular inspection or maintenance plan.
Why This Matters Now
If you’ve been keeping up with MJ Sorority’s newsletters over the past two years, you know the property insurance market is experiencing significant challenges. Insurance companies are grappling with rising property claims due to changing weather patterns, which has led to several adjustments, including:
- Increasing property rates and premiums
- Raising standard deductibles for all causes of loss
- Implementing higher deductibles for specific risks like wind, hail, and water damage
- Adding stricter coverage limitations for roof damage
- In some cases, withdrawing from certain markets entirely, such as homeowners insurance in Florida and California
Fortunately, the insurance company providing sorority property coverage has taken a more balanced approach to these market shifts. However, to maintain comprehensive coverage, proactive risk management — like roof maintenance — is key.
The Value of Annual Roof Inspections
We’ve consulted with roofing contractors, and the message is clear: regular roof inspections are essential. Here’s why:
- Early Problem Detection: Routine inspections catch small issues before they turn into major (and costly) problems, helping to prevent damage to the structure.
- Extended Roof Lifespan: Addressing minor repairs early helps prolong the life of your roof, protecting both the building and your financial investment.
- Budget Planning: Insurance companies are increasingly concerned about property owners not accounting for the lifespan of roofing materials. Proactive inspections help you plan and budget for the inevitable roof replacement, rather than being caught off guard.
Getting Started
Travelers Insurance offers a helpful resource to guide your roof inspection planning: How to Build a Commercial Roof Inspection Plan.
The frequency of roof inspections will depend on various factors, so we recommend consulting with a qualified roofing contractor to determine the best schedule for your chapter house. As insurers continue to scrutinize roof conditions, incorporating regular inspections into your property maintenance program is more important than ever.
By taking these proactive steps, you not only help protect your chapter house but also contribute to maintaining stable and comprehensive insurance coverage for the sorority community.
This month’s newsletter is full of important information. Read the whole thing or check out the following sections that are pertinent to your role:
- Skip to the housing section where this month we’re reminding you about spring maintenance, roof inspections, and sharing a webinar from our partners at Krittenbrink Architecture.
- Click straight through to the chapter services section for some risk management reminders about renting out your chapter house.
- Or jump to our extra section this month sharing a webinar on generational differences.
Join our partners at Krittenbrink Architecture for this Housing Forum on the Road webinar.
As we kick off the new year, it’s the perfect time to ensure your chapter and house corporation are set up for success. This month’s newsletter is packed with essentials to help you start the year strong – read the whole thing or check out the following sections that are pertinent to your role:
- Skip to the housing section where this month we’re reminding you about insurance basics and values, and we’re sharing a recent webinar on real estate financing.
- Click straight through to the chapter services section for a new tool for pre-event planning.
- Or jump to our claims section this month covering some practical steps to protect your chapter and house corpoation’s funds.
As we wrap up another year, we’re filled with gratitude for the incredible sorority women, leaders, and volunteers who make your organizations so strong.
This month’s newsletter is full of important information. Read the whole thing or check out the following sections that are pertinent to your role:
- Skip to the housing section where this month we’re reminding you about preparing for winter break, and we’re sharing our Winter Weather Bulletin in case you missed it.
- Click straight through to the chapter services section for an explainer on additional insured.
- Or jump to our special section this month covering some winter reminders for drivers.
The November newsletter is full of important information. Read the whole thing or check out the following sections that are pertinent to your role:
- Skip to the housing section where this month we’re reminding you about preparing for Thanksgiving break, and we’re talking about flu season.
- Click straight through to the chapter services section for a new resource for event planning and an explainer on additional insured.
- Or jump to our special sections this month covering some risk management reminders for drivers and for cyber risks.
Check out the 2024 Winter Weather Bulletin for important winter weather risk management reminders.
Fall has officially arrived, and this issue of the newsletter is full of important resources. Read the whole thing or check out the following sections that are pertinent to your role:
- Skip to the housing section where this month we’re reminding you about how best to manage your chapter and house corporation funds, and we’re talking about wind and hail claims (again!).
- Click straight through to the chapter services section for our new Event Planning Toolkit.
- Or jump to our special sections this month covering some risk management reminders for drivers and for cyber risks.