You are Not Elderly or Disabled and Live in Privately-Owned Housing with Your Dog

You are Not Elderly or Disabled and 

Live in Privately-Owned Housing with Your Dog

Best Friends for Life: Humane Housing for Animals and People, Doris Day Animal League and Massachusetts Society for the Prevention of Cruelty to Animals, 2001

A lot of the decisions that will affect you will be based upon your individual state and local laws. You should consult the laws in your area or speak to a fair housing attorney. Here are some examples:

“My condominium board passed a “no pets” rule and ordered me to give away my pets.”

While a “no pets” amendment passed by the unit owners generally will be enforceable against future owners, states’ laws differ as to whether the amendment is enforceable against current owners and pets. In general condo boards are advised by counsel to “grandfather” current pets but to provide that they cannot be replaced once a no pet rule is adopted. 

“Although there is a “no pets” clause in my lease, my landlord knew I had two cats for many years and never said a word. Now she wants to enforce the “no pets” clause. I do not have a disability. Is there anything I can do?”

Start looking for a new home that permits pets. It may also be worthwhile, however, to go to a law library and look up the landlord/tenant law of your state and local jurisdiction to see how they handle what is called the doctrine of estoppel. Estoppel is a legal concept that in the context means that if your landlord or homeowners’ association had knowledge of your pet and failed to make a claim against you for your pet, your landlord or homeowners’ association may not be able to make such a claim against you at a later date.