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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36982
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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We have a daughter who lives with us in an over 55

Customer Question

We have a daughter who lives with us in an over 55 community. She is on SS disability. She has numerous physical issues and is severely depressed. She has a dog who is her companion, who she considers a therapy dog. The dog is a dalmatian who my daughter rescued 4 years ago. The dog is very strong but is now arthritic. My daughter is not strong enough to walk him so my wife and I do. About 4 months ago, the dog got away from my wife and started a fight with a terrier. I broke up the fight and was bitten 7 times by terrier but never complained about terrier. The owners of the terrier considered it an accident and wanted to get on with life. The terrier did have lacerations that needed treatment. However, others (all women) in the community started complaining to the condo trustees that they were afraid of the dalmatian. We got a letter from the condo attorney telling us we had to get rid of the dalmatian. I fought this and had a meeting with the board yesterday. The "complainers" were there too. I do not know the outcome of the meeting. There were no incidents before the dog fight and there have been none since.
Given that my daughter is disabled, can we fight any eviction notice?
Thanks,
Ed
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you get daughter a "prescription" from any licensed medical or health care professional for the dog as an Emotional Support Animal (ESA)?
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Is there anything in the Bylaws that prevent dogs or allow them to ban a dog if it gets into a fight?
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thanks
Barrister
Customer: replied 1 year ago.
to both questions.
Customer: replied 1 year ago.
They can ban a dog if it gets into a fight or endangers residents
Expert:  Barrister replied 1 year ago.

Ok, if you can contact her doctor or psychiatrist/psychologist and get a "prescription" then you could consider the dog an ESA, which is not considered a pet, but rather an "assistive aid", like a wheelchair. With that said, since it wouldn't be considered a pet, it wouldn't fall under the same rules as pets for the development. So you could threaten to sue them under the Fair Housing Act for discrimination based on your daughter's disability if they tried to force you to get rid of the dog.

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Further, considering that the other party hasn't raised any issues and it is simply people who are reacting in fear of what might happen, I think that you could successfully challenge any action by the Board if they tried to evict. Now if it happened again, ESA or not, I think that they could force you to get rid of the dog because it would have shown a propensity towards violence to other dogs..

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thanks

Barrister

Customer: replied 1 year ago.
Thank you for your advice.
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister