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