QUESTION

What recourse do I have regarding an emotional support animal in a no-pet condo?

Asked on Sep 12th, 2019 on Animal Law - Florida
More details to this question:
My parents both passed away within a year of one another. They have a pet that I have taken care of every day for 5 years, at least. I do not want to give her up. I live in a no pet condo.. I gave the Association a letter from my doctor. They responded with a Reasonable Accommodation Request Certification. My doctor said it would violate HIPAA and it was intimidating..
Report Abuse

1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
This is problematic case because you and your doctor are fostering the very sham that causes people with legitimate ESA/SA needs so many problems. This is clearly an attempt to abuse the ADA to allow you to have a pet where they are prohibited with a fake claim of ESA status and need. That you magically have medical need for an ESA at the same time your parents pet, may have to go to shelter, that you cared for as a pet, is magically your new ESA. Your Dr. claimning it would violate HIPAA which is not the issue is likely signaling that they will not risk thier license or being sued for fraud by backing the bogus ESA letter further. The option here is accept that they called our bluff or double down on it and spend a good bit ofmoney on a tenant lawyer to push the ADA/ESA issue to get concessions or to sue them for illegal discriminaton hoping that they will capitualte before deposing your doctor or the doctor will back the issue properly to avoid exposure. You will need to decide if its worth spending thousands of dollars right out of the gate for such an effort.
Answered on Sep 25th, 2019 at 7:24 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters