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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102496
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Owning a home which is included within a Home Owners

Customer Question

Owning a home which is included within a Home Owners Association are they allowed, under Federal Law, to ask any questions about my diabetic disability and need for a service dog?
Thank you very much
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

They are not allowed to ask any question. However, they can ask reasonable questions and request proof of the service animal being required, if the disability is not obvious. Allow me to explain:

If you are seeking a reasonable accommodation for your service or emotional support animal for housing, a landlord or homeowner’s association may ask for documentation that you have a disability and that you have a disability-related need for the animal. You may be asked to provide a letter from your primary care physician, social worker, psychiatrist, or other mental-health Expert that the animal provides assistance or benefit directly related to your disability. So this is allowed. However, that is pretty much the end of what they can request.

Also, the landlord should not request documentation if your disability and your disability-related need for the service or support animal is obvious or the Association otherwise should have known about the disability and need.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!