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Praful Thakkar, Andover, MA: Andover Luxury Homes For Sale (LAER Realty Partners)

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Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

If the service animal (doesn't just have to be a dog) is appropriately certified (in other words... it's a real service animal... not a scam) the HOA cannot deny that lease based solely on the fact that they don't want to admit the dog.

They should be very careful, should they decide to deny the lease... and consult with the association's attorney.

Sep 20, 2017 08:05 AM
Rainer
374,987
Libby Cousins
Extraordinary Processing - Spokane, WA
Contract Mortgage Processor, licensed in WA

True service animals are not pets. The association risks a lawsuit under the American's With Disabilities Act if they turn away a persepective tenant with a service animal based solely on the fact that they don't allow dogs. If the tenant doesn't qualify for other reasons, they may reject the application. 

Sep 20, 2017 08:15 AM
Rainmaker
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Service animals are not considered pets and woe to any property manager that tries to use the pet exclusion. I believe you would have Fair Housing officials come crashing down on you.

Sep 20, 2017 08:40 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Service dogs and Emotional support animals are a complicated mine field, and I doubt that most attnys are even qualified to say for certain.

I also doubt that the association would want to risk a lawsuit on this, so they will likely allow the landlord to rent it to the tenant and dog.

Sep 20, 2017 08:25 AM
Rainer
353,865
Jim Cheney
Saint Francis Property Santa Rosa, CA - Santa Rosa, CA
Rincon Valley Realtor 707.494.1055

I'm voting Yes, they should let the tenant in.  This is becoming a slippery slope because so many people take advantage of this exception and try to claim their poorly behaved mutt is a service animal just so they can bring them into the supermarket & DMV

Sep 20, 2017 08:19 AM
Rainer
417,071
Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

In California this is a big issue. It is discrimination to say no to service dog and they can sue. Service dogs aren't registered in any orderly or verifiable fashion- a wild west issue right now service dog, emotional support chicken, or therapy pig as there are hundreds of companies that claim they are a registry and all a person must do is pay a small fee and enter their  information. ADA American Disabilities Act covers the owner and dog.  Landlords who don't want pets because they have special flooring can't deny them but they can say they took a better applicant and you will never know why

Sep 20, 2017 11:10 AM
Rainmaker
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Richard Weeks
Dallas, TX
REALTOR®, Broker

Saying no is probably a lawsuit in the making.

Sep 20, 2017 08:12 AM
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Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

I would double check that out with the association.  I prefer go to the source for verification / validation.

Sep 20, 2017 08:32 AM
Rainmaker
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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

I believe there is little the association could do in this case, but I would double check it all with an attorney specialising in tenant law.

Sep 20, 2017 08:07 AM
Rainmaker
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Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

YES

Sep 20, 2017 03:05 PM
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  If you deny, you had better lawyer up fast.  

Sep 20, 2017 11:16 AM
Rainmaker
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Roy Kelley
Retired - Gaithersburg, MD

I like the answer by Alan May

Sep 20, 2017 09:49 AM
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Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Alan May pegged this one!

Sep 20, 2017 09:20 AM
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Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I would check with an attorney but I think the HOA risks a lawsuit if the tenant has a true service animal

Sep 20, 2017 09:11 AM
Rainmaker
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Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Yes, in most cases. If they reject, they should have some other reason for rejecting. It could turn into a legal battle. Is the dog a banned breed like Pitbulls? Has it ever bitten anyone? Has it had rabie shots?  All kinds of issues could come up.

Sep 20, 2017 08:29 AM
Rainer
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Theo Shaw
Baird & Warner Residential Real Estate - Evanston, IL
Serving Evanston, IL & Beyond

HUD rules are much more accomodating (to tenants, buyers) than ADA rules. and it is not easy to deny a tenant a service animal.  However,  the landlord may require documentation from a medical professional that there is a need for a service animal.  (You cannot ask for details of the disability, especially if it is obvious--say, a blind person.) Here's what HUD says on their website:

"A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability. If a person’s disability is obvious, or otherwise known to the provider, and if the need for the requested accommodation is also readily apparent or known, then the provider may not request any additional information.  If the disability and/or the disability-related reason for the requested accommodation is not known or obvious, the requesting individual, medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual's disability may also provide verification of a disability. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. "

Sep 20, 2017 10:20 PM
Rainmaker
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Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

A real service dog (not one someone is pretending is one) is essential to a disabled person. The American's with Disabilities act would require accommodation for a tenant with a service dog.

Sep 20, 2017 03:51 PM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

with the rare exception of "hardship to landlord".  I had one potential tenant threaten to file a lawsuit when my seller wouldn't let their "service" pit bull move in.  But my seller would get his homeowners insurance canceled if he let them move it and that trumped (according to my sellers attorney not me) the legal right for the buyer to move in with their service animal.

Sep 20, 2017 01:39 PM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

no one can deny a service animal.... as long as it's legitimate...

Sep 20, 2017 12:55 PM
Rainmaker
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Service animals tend to get around the HOA regs.

Sep 20, 2017 12:32 PM
Rainmaker
290,969
Allie Angeloni
Long Realty - Oro Valley, AZ

My thought would be 'yes', as a Service Dog is a worker Praful Thakkar.  And that being said, I would be reading the Lease, looking for that specific paragraph on Service Animals (not just dogs).  They need to be ADA compliant.  Hopefully, someone isn't taking advantage of giving their 'pet' that title of Service Animal.  

Sep 20, 2017 11:57 AM
Rainer
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Joe D'Agostino
NMLS# 729950 - Manahawkin, NJ
Mortgage Officer 46 years!

I would think this would be in the By-Laws. If not, you may need the approval by the Committee. As one who lives in a PUD I would personally be fine with it,but I would approach the President of the HOA to be certain.

Sep 20, 2017 11:33 AM
Rainmaker
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Emotional support can be a bit scammy but a service dog is for real with the proper papers.

Sep 20, 2017 11:17 AM
Rainmaker
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Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Praful Thakkar As Alan May said, they cannot turn down a certified service animal and must sign the lease.

Sep 20, 2017 10:17 AM
Rainmaker
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Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Yes, they HAVE TO.

Sep 20, 2017 06:50 PM
Rainmaker
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William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I would be hard pressed to say that you could restrict the service dog.

Sep 20, 2017 06:45 PM
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Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Yes, it's the LAW and the HOA could be in BIG trouble if they don't allow a certified service animal.

Sep 20, 2017 04:59 PM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

I agree with Alan May .  Consult an attorney.

Sep 20, 2017 02:12 PM
Rainmaker
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Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I don't do rentals, but if I remember correctly, the HOA cannot restrict a valid service animal.

Sep 23, 2017 07:37 AM
Rainmaker
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AJ Heidmann ~ CRS
McEnearney Associates, Inc. - Alexandria, VA
YOUR Alexandria & Arlington, VA Real Estate Expert

Praful - As several others have mentioned, service animals are not pets and the landlord risks legal action if there is no other reason to deny the applicant.  If the Association then wants to intervene, the lawsuit is on them.

Sep 21, 2017 08:23 AM
Rainmaker
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Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Many association will still want a Dr.'s prescription on file regarding the need for the dog. Then, the landlord might want a pet deposit which can open another 'can of worms'.

Sep 21, 2017 07:01 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

If it's a real service animal, my guess is yes.

Sep 21, 2017 06:07 AM
Rainmaker
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Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

They not only can, they are required to according to Fair Housing laws.

Sep 21, 2017 05:45 AM
Rainer
44,891
Dan Capra
LAER Realty Partners - Lowell, MA
Listing/Buyer Agent

Yes this is an instance when it is allowed...protected class

Sep 21, 2017 05:42 AM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Alan May nailed this one!

Sep 21, 2017 04:29 AM