Housing
 
Question:

I own a condo apartment in queens. The rules only allow dogs that are grandfathered in or those who have gained permission from the board through letters from their doctors and legal representation. There are, however, many families with dogs living in the condo. I am 75 years old and have a letter from my internist recommending that I have a dog for emotional support. I have also been seeing a bereavement counselor who could also supply such a letter. I would like to adopt a small adult puppy mill rescue dog from North Shore Animal League America. What is my best course of action? How good are my chances of a successful outcome?

Answer:

Hopefully the letters from your doctor and bereavement counselor will convince the condo to give you permission to have a dog. If the condo does not give permission after receiving the letters, you can file a complaint with HUD, www.hud.gov/complaints/housediscrim.cfm or 800-669-9777. You may wish to hire an attorney to assist you if your condo is uncooperative. As I have mentioned in prior responses in the column, housing discrimination based on a person’s disability is illegal. The Fair Housing Act protects the right of people with disabilities, including emotional disabilities, to keep animals even if such person has a no-pet lease. Essentially, landlords must make reasonable accommodations in rules, policies, and practices to afford a disabled person with the opportunity to enjoy his/her dwelling. Often a letter from a physician or therapist stating that the tenant has a disability which limits a major life activity and that a support animal is needed for the tenant to use and enjoy the dwelling is sufficient. 

 


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Question:

About a year ago I had to sell my home and give my dog to a rescue league, I told them when I found a place that could take dogs, I wanted her back. She is an old dog that won’t be adopted. Well, I am now renting a house where I am allowed pets. They are refusing to give my dog back or let me adopt another dog, saying I rent, not own a home. Can I be turned down on adopting a pet because I rent a home and not own??? My landlord will verify that I have his permission.

Answer:

Rescue organizations and animal shelters can establish adoption standards as long as they don’t violate the rights people have against discrimination (such as discrimination based on race, religion, ethnicity, age, etc.). Typically, animal shelters and rescue organizations do not require a person to own a house in order to adopt an animal. However, rescue organizations and shelters generally consider what is in the best interests of the animals when placing an animal for adoption and strive to find a "forever" home for the animal. When people turn old animals into rescue organizations or shelters (rather than board them until they find a pet friendly apartment or house), these same shelters or rescue groups are not likely to return the animal or adopt another animal to that person.


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Question:

Is it legal to keep a dog on a chain in the house for hours at a time?

Answer:

New York does not have a specific state law addressing chaining or tethering, although at least one municipality (Canandaigua) and perhaps more do have such laws. We do not track local laws so to find out if there is a local law where you live, you should contact your town attorney or town clerk. However, there are state laws prohibiting cruelty to animals and a state law that sets standards for the sheltering of dogs left outdoors. I suggest you contact your local society for the prevention of cruelty to animals (many have law enforcement officers) and police if you suspect an animal is being mistreated. Rescue Ink (www.rescueink.org) also does inspections of suspected animal abuse and works to improve conditions for animals, although that organization does not have law enforcement authority.


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Please note that responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and does not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

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