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Updated about 8 years ago, 11/20/2016

User Stats

1,451
Posts
461
Votes
Sam Leon
  • Investor
  • Fort Lauderdale, FL
461
Votes |
1,451
Posts

Question about service animals and no pet rules

Sam Leon
  • Investor
  • Fort Lauderdale, FL
Posted

There have been numerous service animals and ESA threads in the past but I have a unique and specific question.

A friend of mine who is also a landlord and his property is a 6 unit apartment building in Dania Beach, Florida.  He has a no pet policy - no cat no dog no bird no lizard.

So one of his tenants asked if he can keep a dog for about a month, the dog belongs to his sister who is taking a month long cruise and needs him to baby sit the dog.  Of course the no pet rule governs but wait the dog is a certified service animal but not for him or even her...her sister is the current owner of that animal who obviously provided service to someone in need, but her sister has no disability yet the dog is a certified SA.

So does a landlord have to allow a certified SA in a dwelling even the SA does not actually service the tenant?

All discussions I have seen about SA is in the context of both the person and his/her SA in a tandem. 

User Stats

50
Posts
6
Votes
Darius Lipsey
  • South Bend, IN
6
Votes |
50
Posts
Darius Lipsey
  • South Bend, IN
Replied

Hey, Sam Leon! I have a service dog, myself and as far I know the laws protect the rights of persons with disabilities as owners of an service animal, and does not protect the service animal specifically. So I would think the landlord doesn't have to allow.

Account Closed
  • Investor
  • Santa Rosa Beach, FL
152
Votes |
232
Posts
Account Closed
  • Investor
  • Santa Rosa Beach, FL
Replied

From what I understand about service animals, the reasonable accommodation required by landlords for service animals is made to the tenant who requires the assistance, not the animal. If the dog's owner isn't present, the dog, regardless of certifications, is just a pet. 

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User Stats

71
Posts
25
Votes
Bradford Myatt
  • Investor, Teacher
  • Central New York, NY
25
Votes |
71
Posts
Bradford Myatt
  • Investor, Teacher
  • Central New York, NY
Replied

Protects just the individual in need of the service dog, not the actual animal. 

User Stats

1,981
Posts
1,198
Votes
Bryan O.
  • Specialist
  • Lakewood, CO
1,198
Votes |
1,981
Posts
Bryan O.
  • Specialist
  • Lakewood, CO
Replied

The ESA is "medication" for a patient. No patient, no ESA. And I'd love to point out the irony that his sister can go for a month without her ESA. I hate people that game the system. Maybe she'll fall off the boat.