HOA Q&A: Can one renter have two service dogs in a complex where renters cannot have pets?

Editor’s note: Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables, Boca Raton and Pensacola, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.

Q: Per our bylaws, renters cannot have pets. A renter resident here has two dogs that she claims are service dogs and therefore she can have them. Can one person have two service dogs? –W.C., Boca Raton

Community associations are generally required by the Fair Housing Act to grant reasonable accommodations to rules when necessary to afford persons with disabilities the opportunity to use and enjoy the property. A request for an exception to a rule based on a disability is known as a “reasonable accommodation” under the FHA. For example, communities with “no pet” rules are required by law to make an exception and allow bona fide assistance animals for disabled residents. The law generally treats these animals as medical devices rather than pets.   

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It is possible that a single person may require two service dogs. Guidance issued by the U.S. Department of Housing and Urban Development in 2020 states the following: While most requests for reasonable accommodations involve one animal, requests sometimes involve more than one animal (for example, a person has a disability-related need for both animals, or two people living together each have a disability-related need for a separate assistance animal).

In reviewing such a request for multiple animals, it is imperative that the Association verify that there is a disability-related need for both animals. Note that the extent of the inquiry that the Association is permitted to make regarding service dogs is substantially more limited than the inquiry permitted for emotional support animals. In reviewing any request of this nature, I recommend that the association consult with legal counsel. 

Lee-Anne Bosch, Esq., is Partner/Shareholder of the Law Firm Goede, DeBoest & Cross, PLLC.  Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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