Hello,

Thank you for using JA. It is likely that you would have to do so or could face a federal discrimination lawsuit for the refusal. The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support/service animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not "pets," but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord/management to make an exception to its "no pet" policy so that a tenant with a Disability can fully use and enjoy his or her dwelling.

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In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support/service animal in the complex.

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Discrimination under the FHA includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a person with a disability] an equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). So long as the requested accommodation does not constitute an undue financial or administrative burden for the landlord, or fundamentally alter the nature of the housing, the landlord/management must provide the accommodation.

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Depending on how far the tenant wants to take it, if they are not permitted to take the animal to the pool, the complex could run the risk of a federal Civil Rights discrimination lawsuit. Organizations like the ACLU are always looking for a victim so they can push their agenda and get publicity.

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The botXXXXX XXXXXne is that if it is not an undue burden or a fundamental alteration, the landlord/management must grant the requested accommodation.

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Thanks.

Barrister

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