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Question:
I moved into a condo that originally had a two-pets-accepted provision. Although I had heard that it had been changed to only allow for one pet, I was aware that the previous owner of my unit had had three dogs, and no action had been taken. Recently, the Board changed the policy to read that only one pet was acceptable; however, those who had two pets before 2004 were grandfathered. Being a responsible pet owner, I petitioned for a variance because of the fragile nature of a cat I had adopted only a year before moving to the condo, and the advanced age of my dog. I recently received word that my variance was denied, and that I was to remove the cat. I am well aware that several other owners have multiple pets, one having a cat, dog, and rabbit. Another has three cats and a dog, and I am sure there are others. There is little or no enforcement of any of the rules in this complex. However, now that I have filed the variance, I find myself in the position of possibly being fined. My neighbors who have multiple pets tell me they are just keeping quiet. Being the one that did the responsible thing, I am now being punished. What are my rights? The cat is strictly an indoor cat, is de-clawed, and spayed, and is so scared of everything that she doesn't make a sound. I need some help, please.
Answer:
I suggest you contact an attorney in your area who can review the condo rules and ascertain if they were promulgated according to proper procedure (often they are not). Sometimes when the rule promulgation and enforcement procedures are questionable and this is pointed out to condo boards, the condo owner has a bit of leverage to work out a reasonable settlement. This is something an attorney can try to negotiate for you in addition to reviewing the rules. Also, sometimes in situations like the one you described in your e-mail (fragile nature of the cat and unequal enforcement of rules) condos will (with some negotiating) allow the cat to stay with the understanding that the tenant may not get another animal (or more than the allowable number of animals) once the cat dies.
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Question:
I live in a co-op on Long Island, and last year my doctor recommended that I obtain a small dog to help with my severe depression and anxiety, as well as other physical health issues (diabetes, hypertension, among others). I asked the co-op management company prior to getting a dog, but received no response. So, I did get a small dog. She's quiet, loving and brings me so much joy. I've never smiled so much. After a new management company took over, I called them and explained the situation because I didn’t want any problems. When I didn't hear back I followed up with an e-mail (with a return receipt that it was received), and I still never heard back. I called again several months later and this time received a phone call back. When I explained the reasons for getting my puppy, I was told to send them all the documentation, including the note from my doctor stating my emotional situation and that he recommended a dog. That was in May 2007. I now received a letter (yesterday) stating that the co-op board is going to enforce the no pet policy because of the influx of dogs. Can they legally force me to sell my apartment? There is no way I am getting rid of my dog after having her for over a year. She's part of our family and we love her so much. She's not a nuisance in any way and the other tenants in the building love her too. Thank you.
Answer:
I suggest you provide the medical documentation again and remind co-op management that the documentation was provided in the past. It might also help to have an attorney contact the co-op on your behalf. Additionally, some attorneys believe it is advisable for tenants to commence actions before federal and state agencies that may grant tenants the right to have a pet based on a disability. The Federal Fair Housing Act generally provides that landlords may not discriminate in housing against persons with disabilities (this includes emotional disabilities too) and must provide reasonable accommodations to facilitate the disabled person’s ability to function. State civil rights laws also address this issue. There are exceptions in the law if the landlord would suffer serious financial and administrative burdens to accommodate the disabled individual but these exception could not be readily used in cases involving the keeping of a pet.
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Question:
Hi, I live in rural Ohio and there is a cat on my family's farm that I have been feeding since he was a kitten. I am getting married and moving to an apartment in Cincinnati that allows pets. (My family doesn't care if I take the cat with me.) The cat has been neutered, but has never had shots and isn't licensed. What will I need to do to legally have the cat in the city with me? (ie, get a license, get shots?) Also, is it humane to make an outdoor cat become an indoor cat?
Answer:
You should have no problem bringing the cat with you. To find out about local laws or regulations relating to vaccinations and licensing, I suggest you contact an animal shelter or veterinarian in Cincinnati. Most cities do not have many laws, if any, regulating cats. Most of the animal control laws pertain to dogs. I have found that outdoor cats generally do quite well indoors where they are much safer.
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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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