Author Topic: My boyfriend has an ESA and my complex is saying NO  (Read 636 times)

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Offline oiseau18

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My boyfriend has an ESA and my complex is saying NO
« on: April 27, 2017, 12:56:07 PM »
Hi all! My boyfriend has an emotional support dog and he partially resides with me in my condo complex. I own my condo but condo rules state that ESA animals are allowed for residents only. Does anyone know if the ESA law would overrules this condo rule? The dog is allowed on air carriers and housing from what we read so I don't know how a complex can tell me he cant have her when he's at my place 4 nights a week. Any information, or if you can lead me somewhere to ask someone, would be helpful. Thanks!

Offline iamthelamp

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Re: My boyfriend has an ESA and my complex is saying NO
« Reply #1 on: April 28, 2017, 10:36:50 AM »
As far as I'm aware, the legal definition of "resident" only requires physical presence. If your boyfriend is living at your place four days a week, he's a resident four days a week, regardless of whose name is on the lease.
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Offline ccunnin3

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Re: My boyfriend has an ESA and my complex is saying NO
« Reply #2 on: April 28, 2017, 10:45:53 AM »
If he wanted protection under the FHA he would need to apply for reasonable accomodation as a resident if the condo.
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Offline Kirsten

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Re: My boyfriend has an ESA and my complex is saying NO
« Reply #3 on: April 28, 2017, 11:31:25 AM »
The ESA accommodation does not apply to guests.  That's for their own dwelling only.  If he's not on the lease, then I think legally he doesn't have a right to an ESA accommodation. 

The landlord may have used the word resident but that word is not used in the FHAA, which does not require landlords to permit ESAs of guests, only of legal disabled tenants (and with some exceptions and exemptions).
« Last Edit: April 28, 2017, 11:34:14 AM by Kirsten »
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Offline philopsher77

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Re: My boyfriend has an ESA and my complex is saying NO
« Reply #4 on: April 28, 2017, 07:25:20 PM »
This is a complicated situation.  Since the OP is a condo owner, there is no landlord or lease involved, just the condo board.  The issue, as I see it, is the "partially resides".  He's either a guest, in which case the ESA is not protected (and you may run into issues with condo limits on how long guests can stay), or else he is a resident, in which case he has to go through whatever process people go through to become a resident, and ask for the ESA as a reasonable accommodation.  It sounds to me like you all need to decide which side of the fence you are on, especially since if he does become a resident with you, then the ESA can be denied where ever he is spending the other 3 nights.