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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31012
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My condo limits pets to two per unit. There is also a weight

Customer Question

My condo limits pets to two per unit. There is also a weight limit. An owner has 3 large dogs that he considers service dogs. His condo is 610 sq. Ft.. he also has a wife. Can the condo enforce the 2 snimal limit?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Roger replied 3 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 3 months ago.

The Fair Housing Act makes it unlawful to discriminate against any person in the provision of services or facilities in connection with his dwelling, because of a handicap of that person or any person associated with that person. 42 USC 3604(f)(2). Discrimination includes a refusal to make reasonable accommodations, and a request for an exception to a condominium’s pet restriction for a service animal is considered a request for a reasonable accommodation.

Expert:  Roger replied 3 months ago.

An association is entitled to information that allows it to make a meaningful review and an informed decision on the request for reasonable accommodation.

Expert:  Roger replied 3 months ago.

Even if the association limits the number of pets allowed in a unit, the association cannot consider a service animal a “pet” and refuse to made a reasonable accommodation based on a no-pets or limited pets rule.

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