In My Neighborhood in 33131>Question Details

Dj, Renter in 33131

I HAVE A SERVICE DOG. WHAT IS THE BEST WAY TO PRESENT MY APPLICATION TO HOA AND BE ALLOWED TO RENT ON BRICKELL KEY (TEQUESTA 2) ?

Asked by Dj, 33131 Sat Jul 14, 2012

I HAD MY LAWYER PRESENT MY APPLICATION FORM ALONG WITH MEDICAL VERIFICATION THAT I REQUIRE A SERVICE DOG DUE TO A
DISABILITY, AND I HIT A BRICK WALL. I SHOULD ADD I AM A PERSON WHO IS INTERESTED IN RENTING AT THE MOMENT NOT BUYING.

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Answers

5
by law the most accept a service dog in any building, just make sure you provided the proof that shows your dog is a service dog.
1 vote Thank Flag Link Sat Mar 16, 2013
If you apply to the HOA and you have a Service Dog License, they really can't deny you the approval. I have dealt with this in a few other rentals before and once the building realizes that this is a discrimination issue and that they could actually get sued for denying you on that basis, they will have to push through your application (unless you have another separate issue that justifies your denial).

The MOST IMPORTANT thing to remember though is that you DO NOT affirm that your dog is a "PET". You are not allowed to call service dogs pets in any application or document. If the application asks you if you have any pets, the answer is NO. With your application you simply submit the license documentation and remind them of their legal obligations and you should be fine. If you mark that your dog is a "pet" then you are basically denying yourself from the building.

Some buildings will be more difficult than others, but the above info should generally be correct.
0 votes Thank Flag Link Thu Jan 24, 2013
This is a complicated question that should be answered by a qualified attorney. Some Federal laws, such as the Fair Housing Amendments Act, Section 504 of the Rehab Act, or Title II of the Americans with Disabilities Act may protect some people with disabilities from being evicted because of a service dog. Not all rental housing is covered by a disability law. A qualified attorney can determine whether you qualify under any of these laws and whether or not your landlord is exempted under them.

Contrary to popular belief, some landlords ARE exempt from the regulations of the Fair Housing Amendments Act. The exceptions include (a) buildings with four or fewer units where the landlord lives in one of the units, and (b) private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements. The FHAA also does not apply to publicly owned (government owned) housing or to section 8 housing. Other laws, such as Section 508 of the Rehab Act and Title II of the ADA may apply in some cases. Consult a qualified attorney to learn which laws if any apply in your specific situation.

I hope this information will help you
0 votes Thank Flag Link Sun Jul 15, 2012
Good Afternoon Dj,

No being an attorney I am not familiar is condos are required even by the Americans With Disalities Act, to accept dogs if the condo documents have restrictions. The issue may be more having to do with the size of the dog and/or breed. Many condo buildings do have restrictions as to the weight and/or breed of dogs that they allow.

What you may wish to do is obtain the contact information for the management company that handles Tequesta, and they would be able to provide you with the pet restrictions, and any possible exceptions that could be made in your particularcircumstance. Any pet restrictions apply to owner occupants as well as tenant occupants. I did look at some rental/sale listings and they do indicate that pets are allow, but there are conflicing postings as it relates to the weight maximum allowed. You will want to confirm with the managmeent company. There is also the factor that a particular unit may not wish to rent to a tenant with a pet for a variety of reasons.


Good luck with your search.

Lila Lopez
RE/MAX Advance Realty
homesbylila@yahoo.com
0 votes Thank Flag Link Sat Jul 14, 2012
Hello DJ,

I am not sure why you hit a brick wall on the service dog issue. If you send a picture of the dog, doctor's note for having a service dog then I don't see why there would be an issue.

If you hit a brick wall provide a copy of the American Disabilities Act to the person or entity you came in contact with you.

If you need my assistance, please feel free to contact me.

Kind regards,


Pablo Torres
AF Realty, LLC
786-205-6988
pabtorres@af-realty.com
http://www.miamibuyproperties.com
0 votes Thank Flag Link Sat Jul 14, 2012
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