Can condo assoc. exict my oversize dog who is registered service animal?

[collinjb123]

My condo association is trying to to force the removal of my pet due to the grounds that he is over the allotted 25lbs. However he is in fact a registered service animal with a valid prescription written in another state for the need for this animal. The rules and regulations also state that i must carry him to/from the unit in building at all times. Hard to do when so large an animal. Can they force me to carry him through the building? Can they truly contest the validity of a legal prescription on the grounds it was not written in the state of Florida?

 

[CSO286]

My condo association is trying to to force the removal of my pet due to the grounds that he is over the allotted 25lbs. However he is in fact a registered service animal with a valid prescription written in another state for the need for this animal. The rules and regulations also state that i must carry him to/from the unit in building at all times. Hard to do when so large an animal. Can they force me to carry him through the building? Can they truly contest the validity of a legal prescription on the grounds it was not written in the state of Florida?

What kind of dog is he?

 

[Banned_Princess]

And what is he serviced to do?

 

[justalayman]

is he a service animal or companion/therapeutic animal?


I question him being a service animal. If you are able to carry him around, I cannot imagine what service he could be providing to you.

 

[Ozark_Sophist]

No, your service animal may not be evicted. You also cannot be made to carry him.
Imagine a person carrying his seeing eye dog.

 

[Ozark_Sophist]

is he a service animal or companion/therapeutic animal?


I question him being a service animal. If you are able to carry him around, I cannot imagine what service he could be providing to you.

Fair Housing Act does not distinguish between service animal and therapeutic animal.

 

[divona2000]

...condo association is trying to to force the removal of my pet...
...he is in fact a registered service animal with a valid prescription...
...rules and regulations also state that i must carry him to/from the unit in building...

Remind the condo assoc. that a registered service animal is not a pet. It is a (living) tool used to assist the owner.
Pet rules would not apply to the animal (within reason-still must remove animal waste, be licensed, etc.).

...Can they truly contest the validity of a legal prescription on the grounds it was not written in the state of Florida?

Seniors?

 

[collinjb123]

Emotional Support Animal

He is a 65lb boxer. Incredibly well behaved, never barks. Rarely jumps. Loves everyone and all other pets. He is in fact a registered service dog as an "ESA" and should be allowed in any residence regardless of size correct?? Now my building is trying to fight that, and also says that all dogs must be carried from the moment i leave my unit door til i reach outside door. Regardless of size, i must carry him or face serious fines. Can they truly require me to carry him, or is the fact that he is registered service and of course very large allow me exemption to this rule as well???

 

[cyjeff]

Is he an ESA in Florida?

If he is, I would print out the ESA rules for Florida, hand them to the HOA and wait.

If they fine you, I would turn them into the authorities so fast I might go back in time.

 

[DeenaCA]

This falls under the federal Fair Housing Act rather than state law. Under the FHA an "emotional support" animal is a service animal equivalent to a guide dog.

If you have not already done so, be sure that you provide the association with a statement from a knowledgeable professional showing that you have a disability and that there is a disability-related need for your service animal. If the association continues to threaten eviction or to impose pet rules, file a fair housing complaint. You can find an agency near you at http://www.fairhousing.com/index.cfm?method=agency.search. I'd also recommend that you contact a disability advocacy group in your area, since these agencies have experience in disability-related housing issues.

Here's a recent case in which a housing provider was charged with violating the FHA for refusal to permit a service animal: http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_7522.pdf. And here's a HUD memo from February 2011, stating that service animals under the FHA include animals that provide emotional support: http://www.nacua.org/documents/FHA_Memo_ServiceAnimals.PDF.

 

[justalayman]

Fair Housing Act does not distinguish between service animal and therapeutic animal.

and so?


I was trying to figure out if the LL may be objecting because it is a therapeutic aid rather than what is typically considered a service animal. While both are protected, it could affect how the LL is seeing the situation. OP calls the animal a "pet" which also may be making the LL see the animal as just that.

While arguing a service animal (seeing eye dog, walking assistance, etc) is usually easy to show a LL it is allowed and is apparent to the observer, a different approach would bring better reactions if it is a therapeutic aid where the OP does not appear to need the animal. There is no need to make this any more adversarial than necessary to work it through. I would rather have the LL agree the animal has a right to stay than to demand he has a right to stay and escalate the issue.