Is it legal for my apartment to deny access to a service dog in training under a “no pet” policy?

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Is it legal for my apartment to deny access to a service dog in training under a “no pet” policy?

Can they fine and evict me over him? I am not a disabled person. The service dog in training is also not a pet. He is not destructive and has not caused any problems. He is trained to go to the bathroom on command and has the majority of his basic manners down. I am raising and training him for a guide dog school. I have never had any problems with management over him until they recently tried to evict me with no basis and failed. I feel like they are just trying to find anything to get rid of me.

Asked on February 28, 2012 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You first need to review the local and state laws regarding service dogs and service dogs in training to see if your apartment complex can fine or evict you over the animal under its no pets policy. You need to be aware that you do not need the service dog for your day to day activities.

Rather you are training this dog for a third person. My initial sentiment is that you might not be able to have this dog at your unit.


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