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If your tenant is claiming she needs this companion dog as provided under the ADA, she has to show that the assistance of this dog will lessen the effects of her disability. The Federal Housing Act defines a disability as ( 1) a physical or mental impairment which substantially limits one or more of such person’s major life activities; (2) a record of such an impairment; or (3) being regarded as having such an impairment. While she doesn't need to disclose her private medical records, she would need to prove that she does have a disability and this dog would help her with her day to day functions. There must be a connection between the disability and the need for an emotional support animal.
If she fails to prove the medical necessity of this dog and refuses to rehome the dog, you could have an action for eviction. I hope this answers your question. If so, please kindly accept my answer and leave a positive rating. This is the only way experts are compensated for their time. I'm happy to answer any followup questions you may have as well. Otherwise, good luck and thank you for using Just Answer.
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