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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37971
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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We are a 12 unit HOA with some owner occupied and some tenant

Customer Question

We are a 12 unit HOA with some owner occupied and some tenant occupied units. Is it possible to have two rules whereby an owner can have a pet (dog) with written approval from the HOA, and tenant not be allowed to have a dog? I appreciate your opinion.
***** *****
HOA President
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  socrateaser replied 8 months ago.
Hello, In theory, the Fair Housing Act (FHA) does not prohibit discrimination on the basis of pets. So, you could have two different rules. However, it could be argued by a potential tenant that you are using the rule to hide some other form of discrimination. Example: since tenants typically are not as financially well off as owners, and since minorities are generally less financially well off than white persons (especially white property owners), therefore you are discriminating against tenants on the basis of race, even though you are using a rule concerning pets to accomplish your aims. Of course, I'm not saying you are actually seeking to discriminate based upon race. I'm just showing you how an enterprising civil rights lawyer might use your proposed rule against you in court. Also, and perhaps more important, no one can be denied at least one pet, if the pet is a service animal ("seeing eye dog," etc.). Bot***** *****ne: yes, you can do as you propose -- but, there is a risk that cannot be avoided. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 8 months ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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