QUESTION
Can HOA deny my request to keep my service dog if I have a doctor's letter?
Asked on May 13th, 2016 on Landlord and Tenant Law - California
More details to this question:
I have an online letter from an online doctor to submit to my HOA for my service animal. The docotr is licensed in the state and his license # is on his letterhead. Can HOA deny my request to keep my service dog? The dog is registered as a ESA.
2 ANSWERS
How are we supposed to know what an "ESA" is? How can a physician make a determination that you are disabled and need an animal companion unless they have a recent and extensive medical record file or have seen you? The HOA would not be unreasonable in asking for more accurate evidence of your need.
Answered on Jun 14th, 2016 at 6:22 PM
Your dog is an ESA not a "service dog" under the ADA. California law governs not Federal law. Still if you have complied with state law I suspect tha HOA cannot enforce its removal.
Answered on Jun 06th, 2016 at 12:30 AM