Can our HOA legally require us to remove our service dog?

Full question:

We have a Service Dog and are having problems with our Home Owners Association because we didn't ask permission to have him (he exceeds the size rule) prior to moving in. Also, we didn't get him certified until after the feud began and we were told only a Service Dog would be considered. They are initiating a legal process for us to remove him. Can they do this?

• Category: Animals
• Date: 04/07/2025
• State: Florida

Answer:

The Fair Housing Act protects the rights of individuals with disabilities regarding service animals and companion animals. Your homeowners association (HOA) cannot prevent you from having a legitimate service animal or companion animal related to a medical condition.

To qualify for these protections, you must meet the definition of a person with a disability under the Fair Housing Act. The role of your service dog in helping you manage your disability is crucial. Courts have ruled that requiring service dogs to be certified or licensed can violate the Fair Housing Act, as there are no uniform standards for service animals. However, tenants should make a genuine effort to find a certifying authority.

According to Florida law (Fla. Stat. § 413.08), individuals with disabilities have the right to full access to housing accommodations and cannot be charged extra for having a service animal. The law also states that documentation proving a service animal's training is not required for access. However, a housing provider may ask if the animal is a service animal and what tasks it performs.

Ultimately, if your service dog poses a direct threat to others, the HOA may have grounds to take action. However, they cannot impose restrictions based solely on size or require fees typically charged for pets. If you believe your rights are being violated, consider seeking legal assistance.