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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23525
Experience:  14 years real estate, Realtor. Landlord 24+ years
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I have been renting a single family home in Florida since May

Resolved Question:

I have been renting a single family home in Florida since May of 2013 and now I have an emotional support dog but my landlord says he will not allow my dog to live with me. I have a doctors prescription that says I need the emotional support animal. Can the dog live with me?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am sorry to hear you are having this problem with your landlord.
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Is the landlord trying to say you can't have the dog because he has a no pets policy?.
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How long have you had the dog?
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Thanks
Barrister
Customer: replied 1 year ago.

My landlord is saying he has a no pet policy. He says that because he rents a private home and takes no federal funding that he is not bound by federal housing laws. I am a student and have been renting the house in Florida since May but have not been living in it since I live in Illinois. I have had the dog since July because I have anxiety and depression. My doctor prescribed the emotional support animal.

Expert:  Barrister replied 1 year ago.
Ok, even though legally an emotional support animal is not considered a "pet" but rather a health aid, just like a wheelchair, the landlord is correct. The ADA and the Fair Housing Act don't apply to private single family rentals unless the owner owns more than 3 single family rental houses at one time.
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This is covered under Sec. 800. [42 U.S.C. 3601 note] Short Title
This title may be cited as the "Fair Housing Act".

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(b)Nothing in section 804 of this title (other than subsection (c)) shall apply to--
(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time...
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Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices
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So I am sorry to say it, because it is very unfair, but it would be legal for the landlord to prohibit you having the dog as an emotional support animal.
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23525
Experience: 14 years real estate, Realtor. Landlord 24+ years
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