Can a tenant bring her emotional support dog to the pool at the apartment complex?
Yes, if the pool is restricted to the private use of apartment residents and their guests, then provisions regarding reasonable accommodations of the Fair Housing Act (FHA) apply. Under the FHA a person with a disability may use an assistance animal in all areas of the premises where persons are normally allowed to go. The emotional support animal (ESA) can accompany the tenant to the pool and be allowed on the pool deck. The accommodations regarding assistance animals do not override local health department regulations that likely prohibit dogs in swimming pools with or without their handler.
An emotional support animal does not qualify as a service animal under the Americans with Disabilities Act (ADA) and would not be permitted at the pool if the pool was open to the general public.