Can my landlord deny my boyfriend access to my apartment with his service dog?

My boyfriend has a legitimate service dog, not one of those fake paper service dogs. We were bringing her to my apartment on the weekends when we would see one Another. I spoke to my landlord and she said it was fine. 2 months later she's telling me the building owner will not allow any dogs on the property at all, service or not. Then she changed the story to that because my boyfriends not on the lease he can't bring his service dog whether he shows her the papers or not. I just want to know what my rights are at this point. I thought service dogs were allowed no matter what (my bf went partially blind after an aviation accident and was given a service dog that he truly needs). Any information would be helpful and thank you!!!

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  • 6 years ago
    Best Answer

    No your landlord is wrong. Depending on your specific housing it is most likely covered by the FHA, or possibly by the ADA (public housing).

    From the Fair Housing Act

    §100.202 General prohibitions against discrimination because of handicap.

    (b) It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of—

    (1) That buyer or renter;

    (2) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

    (3) Any person associated with that person.

    http://www.ecfr.gov/cgi-bin/text-idx?SID=b03e2bdc0...

    Your bf is covered by (3) someone associated with you, he does not need to be on the lease for them to have to accommodate him.

    Source(s): Service Dog Handler
  • PR
    Lv 7
    6 years ago

    I don't know about in apartments (and you don't state where you live), but see this link:

    http://www.ehow.com/about_6366728_rights-people-se...

    http://www.msslc.com/animals.html

    http://www.ehow.com/about_6542813_service-animals-...

    I would also consult with the agency who provided the dog, in the first place.

    You could also consult with an attorney for the real answer to this - they will usually answer simple questions over the phone, for free. I would be careful in how you handle this so the landlord doesn't find some other reason to not renew your lease. Try to be tactful. If the dog was not on a leash, then have the dog handled properly, and on a leash or proper restraint. I am not sure how the dog would be leading your boyfriend if he was simply loose? If the dog is working, then the dog should, be working. If not, then the dog should be left at home.

    In the case of a dog walking, loose, then the property manger needs to assess whether there would be risks to other tenants. It sounds like a couple details may have been left out?

  • 6 years ago

    The landlord does have the right to refuse to allow a non-resident to bring a service dog when visiting, since whomever they are visiting can help the disabled person get around. There would be discrimination if a landlord refused to rent to a person who required a service animal. A landlord has the right to bar anyone they want from the property, because they could claim trespassing. The only recourse is if a tenant could prove any action by the landlord violated a residents constitutional rights, or any action violated the landlord/tenant agreement, civil law, or criminal law. Sorry to disappoint you.

    Source(s): Former landlord.
  • Lance
    Lv 6
    6 years ago

    If your boyfriend is not allowed to bring a service dog on the property it is considered discrimination against the disabled, which is indeed a crime. Suggest in a nice way that the owner is breaking the law and that you wouldn't want to see your boyfriend accidentally injure himself without his service dog to help him.

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  • 6 years ago

    We can't refuse serving or denying access to people with service animals, even in an area with food.

    Even though You are not the one with the service dog your bf I believe can't be discriminated against but if he does could bring legal action against your landlord I believe Good Luck !

    Source(s): At Work we get trained how to handle people needing service needs most people may not be aware of the laws in the USA ? Call the Americans with Disabilities they will tell You ?
  • 6 years ago

    Every one can assess pet dogs, it's depends on the request of manager.

  • Athena
    Lv 7
    6 years ago

    Your boyfriend is not on the lease.

    Your landlord can restrict strangers all he want.

    Sorry.

  • 6 years ago

    Yes, of course. Your BF has no legal status in your apartment.

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