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Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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I live in seni or housing with 160 folks and 4 are allergic

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I live in seni or housing with 160 folks and 4 are allergic to dogs. One is a rage aholic who is using the Disabilities Act to force managment to ban dogs from all common areas, esp the large lobby where the residents love to see the dogs play. Is this legal? I agree on patient's rights, but wouldnt a better solution be to divide the huge lobby into a smaller allergy free lobby with tv for the four allergic people to enjoy themselves, and leave the larger lobby pet friendly? How can ONE screaming person control 160 people's lives? What does the disability act say in this regard? thank you wynette xxxx
Submitted: 4 years ago.
Category: Legal
Expert:  Legalease replied 4 years ago.

Hello there


This is how smoking was banned everywhere -- a few people with allergies got the world to stop smoking using the state and federal disabilities acts. She and the other allergic tenants do have rights at least in the common areas to be free from anything that causes them to be sick. The facility can ban the dogs from common areas because if this -- but if they try to ban the dogs from apartments then the residents should go to their doctors to get notes stating that they need the dogs as companion animals and they will be able to force the management to let them keep the dogs and they can walk about and through the common areas with the dogs but cannot let the dogs roam and play there because of the people with allergies.




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Customer: replied 4 years ago.

The only thing you missed, which is important, is the possible solution of dividing the lobby into two, so the allergic peope will have a safe environment, and the much older frail residents who love the dogs can enjoy thier company. Would this be acceptable to the Disabilities act, like having a 'smoking' room like they have now?

Expert:  Legalease replied 4 years ago.

Hello there


DIviding the area would satisfy the disability laws so long as the allergic tenants do not start complaining that the per fur and dander are still bothering them through the walls (this is why smoking rooms - even well enclosed ones with vents -- started to get banned a few years after that trend started because the complaints then became that the smoke still slips out of the designated area and bothers those who are allergic). In addition to that consideration, the management may not want to pay to have the areas broken into two separate common areas. However, it cannot hurt to propose it.




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