When a buyer ends up being a cash buyer, that’s usually a plus in a transaction. At least, that’s what one Realtor thought when she started working with a buyer who had just completed a tour in the Army. The buyer had been injured in the line of duty and planned to live in the condo with Sam, his German Shepherd service animal.
The buyer’s offer, accepted by the seller, included a condominium rider that made the agreement contingent on the buyer receiving approval through the condominium association before closing. The client submitted an application and included the disclosure that Sam would live with him. The condominium association denied Sam’s application in writing, saying the association did not allow pets larger than 25 pounds. Both the seller as well as the buyer were upset and asked the Realtor if this was allowable.
Service animals The do’s and don’ts
The Realtor reminded both the seller and buyer that her real estate training did not include legal matters. However, she had recently attended a class where the instructor stated that denying housing to an individual as a result of the presence of a service animal can be a violation of the federal Fair Housing laws.
Based on federal law, it is discrimination for a landlord or an entity such as a condominium association to refuse “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.”
The buyer retained an attorney, who asked the condominium association to reconsider its decision in accordance with the Fair Housing laws. The association agreed, as long as the buyer agreed to pay a large pet deposit to cover any impact the large dog may have on the premises. The lawyer reminded the condominium association that under Fair Housing laws, a housing provider cannot require service animals to have any specific training, apply a blanket weight or breed restriction, require pet insurance or charge a pet deposit. The condominium association reconsidered and the buyer purchased the unit.
If you are ever involved in a scenario like this, remember that while you are not a housing provider, in case you represent one and intentionally participate in unlawful discrimination, you are also liable under the Fair Housing laws. If landlords inquire about exceptions to this law, refer them to an attorney.
For more information on service animals and the specific statute reference, please visit “Accommodations for Service Animals in Housing” on NAR’s website.