2,061,096
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.
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Evelyn M Epperson
Johns Creek, GA
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Tony and Suzanne Marri...
Scottsdale, AZ
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
-
Debbie Gartner
White Plains, NY
-
Jerry Newman
San Antonio, TX
-
Michael Setunsky
Woodbridge, VA
-
Roy Kelley
Gaithersburg, MD
-
Praful Thakkar
Andover, MA
-
Bob Crane
Stevens Point, WI
-
Nina Hollander, Broker
Charlotte, NC
374,987
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.
-
Theo Shaw
Evanston, IL
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
-
Fred Griffin Florida R...
Tallahassee, FL
-
Jerry Newman
San Antonio, TX
-
Roy Kelley
Gaithersburg, MD
-
Praful Thakkar
Andover, MA
-
Bob Crane
Stevens Point, WI
3,988,007
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.
-
Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
-
Debbie Gartner
White Plains, NY
-
Jerry Newman
San Antonio, TX
-
Roy Kelley
Gaithersburg, MD
6,392,889
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.
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Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
-
Fred Griffin Florida R...
Tallahassee, FL
-
Roy Kelley
Gaithersburg, MD
-
Praful Thakkar
Andover, MA
-
Bob Crane
Stevens Point, WI
353,865
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
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
-
Fred Griffin Florida R...
Tallahassee, FL
-
Roy Kelley
Gaithersburg, MD
-
Praful Thakkar
Andover, MA
-
Bob Crane
Stevens Point, WI
417,071
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
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Lynnea Miller
Bend, OR
-
Allie Angeloni
Oro Valley, AZ
-
Candice A. Donofrio
Fort Mohave, AZ
4,882,349
Saying no is probably a lawsuit in the making.
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
-
Roy Kelley
Gaithersburg, MD
-
Praful Thakkar
Andover, MA
-
Bob Crane
Stevens Point, WI
3,344,906
I would double check that out with the association. I prefer go to the source for verification / validation.
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
-
Roy Kelley
Gaithersburg, MD
-
Praful Thakkar
Andover, MA
5,104,931
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.
-
Allie Angeloni
Oro Valley, AZ
-
Roy Kelley
Gaithersburg, MD
-
Praful Thakkar
Andover, MA
-
Bob Crane
Stevens Point, WI
2,220,323
YES
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Anthony Acosta - ALLAT...
Atlanta, GA
2,684,009
If you deny, you had better lawyer up fast.
-
Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
7,835,260
I like the answer by Alan May.
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Allie Angeloni
Oro Valley, AZ
5,215,673
Alan May pegged this one!
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
5,048,718
I would check with an attorney but I think the HOA risks a lawsuit if the tenant has a true service animal
-
Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
911,228
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.
-
Debe Maxwell, CRS
Charlotte, NC
-
Roy Kelley
Gaithersburg, MD
-
Praful Thakkar
Andover, MA
91,335
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. "
-
Michael Setunsky
Woodbridge, VA
-
Theo Shaw
Evanston, IL
711,752
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.
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
3,164,119
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.
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
5,583,278
no one can deny a service animal.... as long as it's legitimate...
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
1,502,858
Service animals tend to get around the HOA regs.
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
290,969
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.
-
Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
55,673
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.
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Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
1,712,676
Emotional support can be a bit scammy but a service dog is for real with the proper papers.
-
Praful Thakkar
Andover, MA
-
Debe Maxwell, CRS
Charlotte, NC
1,466,207
Praful Thakkar As Alan May said, they cannot turn down a certified service animal and must sign the lease.
-
Praful Thakkar
Andover, MA
-
Allie Angeloni
Oro Valley, AZ
900,008
3,986,258
I would be hard pressed to say that you could restrict the service dog.
-
Praful Thakkar
Andover, MA
5,229,280
Yes, it's the LAW and the HOA could be in BIG trouble if they don't allow a certified service animal.
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Praful Thakkar
Andover, MA
5,772,575
I agree with Alan May . Consult an attorney.
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Praful Thakkar
Andover, MA
5,868,372
I don't do rentals, but if I remember correctly, the HOA cannot restrict a valid service animal.
666,539
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.
1,725,896
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'.
4,800,082
599,274
They not only can, they are required to according to Fair Housing laws.
44,891
3,071,489