Disability Pet - No Pets Permitted

Started by CheryllK • 6 replies • 2473 views

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CheryllK (Florida)
Posts: 1

Posted:

A buyer of a condo unit is disabled and is assigned a disability pet. The condo association rules and regulations state "no pets". Does the association have the grounds to deny this buyer's application based on her pet ownership? She and her husband are purchasing 2 units in the condo complex. One unit they intend to live in the other unit they intend to buy and hold for 1 year, then rent. The association rules state "no renting first year owned".

Is the association in violation of Americans With Disabilities Act or Florida Fair Housing Act if they deny the purchase for either both units or just the 1 for investment?

Any information you offer is greatly appreciated.

Cheryll Ann

BrianB (California)
Posts: 2,820

Posted:

1) Look at the definition of a service animal under the ADA. If the animal meets this definition, it is a service animal. Then, go to the Fair Housing Act (because the ADA doesn't cover most condos and SFH), and you will find that under the FHA you still cannot discriminate against people with service animals. In general, this means that you can't apply a 'no pets' policy, because the FHA forbids it.

2) I don't see a way you can not allow them to buy the second condo... they won't be living there, correct? And thus, even if they had a pet in condo 1, they wouldn't have one in condo 2 (future rental).

3) you can ask the person if the animal is a pet. You can ask what tasks it is trained to do. You cannot require 'papers' or certifications or other proof. If the owner states it is a service animal, AND, it meets the definitions of a service animal under the ADA, then you pretty much have to accept it. If they say it is a pet, then you can deny. Under the ADA, "a service animal is not a pet."

FYI, the ADA definition: any guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability.

RobW (California)
Posts: 279

Posted:

I agree with Brian. I'm unfamiliar with the term, "disability pet," but a service animal is not a pet.

Rob

BrianB (California)
Posts: 2,820

Posted:

FYI, don't ask if that is a service animal.. that's not allowed (discriminatory, invades privacy). You can, however, ask if it is a pet (not discriminatory, no privacy). So, choose your words carefully... ask if it is a PET, do not ask if it is a service animal. They have to declare it to be a service animal.

GerryS2 (Texas)
Posts: 4

Posted:

We recently had this issue come up and I learned is that if an owner says its a service pet,we have to accept that. The ADA does not specify what a service dog is used for. So in this case is was to help with a seizure disorder. I agree with Brian about the fair housing act.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Cheryl:

You are in FL ... so here is a link to one of the news articles on this site with regards to an FL HOA loosing a lawsuit regarding a pet.

http://www.wsvn.com/news/articles/local/21003870879695/

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

This one got messy......

"He said the legal tab is now $24,000. Schleifer's 63 neighbors were assessed to pay the bill"
http://www.sun-sentinel.com/business/realestate/condos/fl-prescription-pet-20110331,0,1787953.story

At the end of the day, once the animal is a "service animal" there is nothing you can do. Like it or not, they are covered under the disability act and you better have deep pockets if you want to fight it.

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