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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38879
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Condo has owner that brought pig home. Now claims its

Customer Question

Condo has owner that brought pig home. Now claims its emotional support . got Dr note. He knows the board wants it gone. What are our rights.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello, Under U.S. Housing and Urban Development regulations (24 C.F.R. 100.204), a property owner (or tenant) is entitled to use a service animal for a proven disability. A physician's note, by itself, doesn't prove that the disability exists. However, in a legal action, if the physician were to testify that the property owner has a permanent or long-term disability affecting a major life function, and the service animal is necessary to assist in the remediation of the disability (typically, anxiety or depression), then the owner would prevail. However, we're talking about a pig, not a cat or dog. Pigs are not typically domestic pets, and there may be a local city/county ordinance prohibiting possession of a pig as a pet. A neutral ordinance would be presumptively enforceable, but again, in a legal action if the owner could show that no other pet will be sufficient to remedy the owner's disability, then the owner could prevail. The issue here, in my view, is whether or not the pig is dangerous, or unreasonably dirty. Because if so, then that could be a reason to put the rights of the community above the rights of the owner. Ultimately, the HOA board must decide if it wants to force the issue into a court. If the city/county wants to get involved (assuming a zoning violation), then that could relieve the board of liability and legal expenses. If not, then the board must decide whether or not it wants to fight, because the fight could be costly. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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