Man fights condo board to keep his service dog

Miami /
Aug.August 01, 2014 03:00 PM

For nearly a year, a condominium association has been battling with a homeowner who sued when the association tried to ban his dog.

The plaintiff, Alexander Warren, asked Miami’s Del Vista Towers Condominium Association to overlook its “no-pet” policy to accommodate his dog, a service animal, according to the Daily Business Review.

But the board refused, and Warren filed a suit in Southern District court, claiming failure to reasonably accommodate.

The condo association has argued that Warren’s case is baseless, because his dog is a pit bull — a restricted breed in Miami-Dade.

On Tuesday, a judge denied the condo association’s motion for summary judgment.

“The HUD rulings and notices make clear that an emotional support animal need not be specifically trained, because the symptoms the animal ameliorates are mental and emotional, rather than physical,” Judge Jose Martinez wrote.

“In the present case, if the county ordinance were enforced, it would violate the FHA by permitting a discriminatory housing practice. In failing to grant plaintiff’s request to live with his assistance animal because of the dog’s alleged breed, plaintiff is not afforded an equal opportunity to use and enjoy his dwelling.” [DBR] Christopher Cameron


Related Articles

arrow_forward_ios
What’s an Airbnb worth? Suit seeks nearly $3M price drop for Miami Beach building without short-term rental permit
What’s an Airbnb worth? Suit seeks nearly $3M price drop for Miami Beach building without short-term rental permit
What’s an Airbnb worth? Suit seeks nearly $3M price drop for Miami Beach building without short-term rental permit
Miami-Dade County slapped with ethics complaint over approval of 550-home Calusa project
Miami-Dade County slapped with ethics complaint over approval of 550-home Calusa project
Miami-Dade County slapped with ethics complaint over approval of 550-home Calusa project
Michael Stern accused of “duping investors” in Monad Terrace project
Michael Stern accused of “duping investors” in Monad Terrace project
Michael Stern accused of “duping investors” in Monad Terrace project
New York restaurant operator sues to end Bal Harbour Shops deal
New York restaurant operator sues to end Bal Harbour Shops deal
New York restaurant operator sues to end Bal Harbour Shops deal
Eighty Seven Park and Champlain Towers South (Getty)
Terra’s Eighty Seven Park construction next to Champlain Towers South led to collapse, lawsuit alleges
Terra’s Eighty Seven Park construction next to Champlain Towers South led to collapse, lawsuit alleges
Cross County Plaza (Madison Properties)
West Palm shopping center foreclosure suit leads to CMBS drama
West Palm shopping center foreclosure suit leads to CMBS drama
A-Rod, ex-brother-in-law skip trial, settle dispute over multifamily empire
A-Rod, ex-brother-in-law skip trial, settle dispute over multifamily empire
A-Rod, ex-brother-in-law skip trial, settle dispute over multifamily empire
Nonprofit arts and culture organization sues Delray Beach over lease termination
Nonprofit arts and culture organization sues Delray Beach over lease termination
Nonprofit arts and culture organization sues Delray Beach over lease termination
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...