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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: CA Real Estate
Satisfied Customers: 16394
Experience:  Experienced Licensed Attorney
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Question: Can my condominium property manager ask from a

Customer Question

Question: Can my condominium property manager ask for PROOF from a tenant (who has taken in a large dog) of a purported DISABILITY (that is NOT obvious) or that an animal is a service animal, or an emotional support animal? I am requesting specific legal
authority to provide to my property manager who is very passive and I suspect will do nothing unless he is provided such authority. Brief Background: My condominium complex is in Long Beach CA & is managed by a local property management company. My complex
has a policy that allows each homeowner to have 1 dog if its weight does NOT EXCEED 30 pounds. One of the tenants has taken in a very large dog, clearly in excess of the weight limit. The dog was taken in without the property managers prior knowledge or permission.
When confronted about this violation the tenant said "oh the dog is dying so he won't be hear very long." When the violator was confronted with the irrelevance of that "reasoning" she subsequently presented a "SERVICE DOG CERTIFICATE".
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Unfortunately, Hipaa laws and various other privacy laws strictly prohibit anyone from questioning a tenant about any details related to the person's disability and as long as, the tenant provides a valid service dog certificate, there is nothing further that the management can do to question tenant's disability.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 1 year ago.
Thanks Alex. Just to be clear, the VALIDITY of the certificate is the main reason I am concerned. Without validation these "service dog certificates" can be purchased on line, without any actual validation of a disability. As such, will you kindly look a bit further into this to determine the following. With Hipaa laws in mind, in order to minimally validate the authenticity of the subject certificate and the property manager ask the dog owner: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform?
Thanks.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

No, the manager cannot question tenant on any details of disability or question as to what the service dog does for the owner (since that would be indicative of disability of the tenant).

Who issued the service dog certificate?

Expert:  Alex J. Esq. replied 12 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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