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ARTICLE · 23 MAY 2014

Must Service Animals Comply With Community Rules? Yes.

Fox Rothschild LLP
Fox Rothschild LLP
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Service (and/or companion) animals can and do perform important functions for their owners.

United StatesReal Estate and Construction

Service (and/or companion) animals can and do perform important functions for their owners.  Even if a property has a "no pets" policy, pursuant to an appropriate reasonable accommodation request (my preference is for the request to come in writing, but there is no requirement of a writing), a resident with a disability can get that policy waived.  And at an apartment community which welcomes pets, a service animal owner will not have to pay the otherwise likely pet rent or associated fees.  That part is simple.  But, what happens when a service animal misbehaves or is not properly supervised by its owner?

I am assisting one property in which the owner of a service animal who lives on the fourth floor, permits the animal to urinate on the balcony (which then drips on the balcony below) as well as bark loudly all through the night.  The resident has taken the position that because Fluffy (I made that name up) is a service animal, Fluffy does not have to comply with the

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