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Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Is there a way to get around the dog weight restriction on a

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is there a way to get around the dog weight restriction on a rental apartment as discrimination

Unfortunately, no. Animal owners are not within a suspect class - reserved to certain groups (minorities, women, senior citizens, etc.) - that allows discrimination claims to be filed.

The only claim would be if the dog was a seeing-eye dog.

Customer: replied 7 years ago.

So how is weight restrictions not discriminatory if a dog is well behaved and not a bad or barking dog? Why and how would they be within a legal right to limit the weight size of a dog? Say 25 lbs as opposed to 60 lbs...

What if it were considered a service dog i.e, a psychologist, doctor etc... Is it still legal for them to enforce such rules?

It is not discrimination because dogs don't have rights like people do. Also, discrimination claims are limited to race, sex, age, disability or religious beliefs of humans.

If it is a service dog for a disability of its owner, that's a different story.

Property owners have a right to restrict their properties to dog limits/restrictions just like they can make apartments non-smoking.

These rules will be enforced and stand up to legal challenges.

Customer: replied 7 years ago.

SO if it is considered a "service dog.".. Which could be considered as such by a psychologist, or doctor for per say a mental disability then the place or residence would not have a legal right to impose this rule on the tenant?

Thanks and this is the last portion of this question...

If you can make a claim for yourself under the ADA with medical documentation, you're in good shape.

Here a link regarding disabilities under the ADA:

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