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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33096
Experience:  16 yrs. of trial experience
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My husband has an emotional support dog. He has dimentia and

Customer Question

My husband has an emotional support dog. He has dimentia and anxiety issues. We want to move into a gated complex but it does not allow animals? My husbands dog is not a pet it is a necessity. Can they keep us out because of his emotional and comfort dog
Submitted: 3 months ago.
Category: Legal
Expert:  P. Simmons replied 3 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The law that covers this is called the "fair housing act" (FHA)

The FHA defines discrimination as including “a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a disabled] person equal opportunity to use and enjoy a dwelling.” 42 U.S.C. §3604(f)(3) (B).

So you can make the request...and the management can require you provide evidence to support the request.

The law requires the individual requesting an emotional support animal must establish his or her disability, that the emotional support animal is necessary and reasonable to afford individuals with disabilities equal opportunity to use and enjoy a dwelling. 42 U.S.C. §3604(f)(3)(B).

The reasonable requirement limits accommodations to those that do not impose an “undue hardship” by causing excessive financial burdens to the homeowner or condominium association or by fundamentally altering the nature of the subdivision or condominium project.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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