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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My condo limits pets to two per unit. There is also a weight

Customer Question

My condo limits pets to two per unit. There is also a weight limit. An owner has 3 large dogs that he considers service dogs. His condo is 610 sq. Ft.. he also has a wife. Can the condo enforce the 2 snimal limit?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 11 months ago.

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.

Expert:  Roger replied 11 months ago.

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

Expert:  Roger replied 11 months ago.

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.