Service animal vs asthma and allergies. Which one wins by law?

My roommate wants to bring a service dog that is known to have hair that gives people with allergies really bad reactions. I am allergic to dogs and I have asthma, and I told him that when he asked me if it's ok to bring one. I rent the living room space, which is not as good at keeping things out as a normal room with a door. He threatened to give me a 30 day notice, but I don't want to move out. Is that legal? Can I take this to court? Who would win?


Actually it's a support animal not a service dog. I didn't know there was a difference. They pretty much want to have that poor thing living in the bedroom. I think that's ridiculous.

3 Answers

  • Eva
    Lv 4
    4 weeks ago

    He would win. It's his apartment and he can do what he wants. It's also illegal to rent out a room that's not a bedroom. A bedroom is required to have a window, a door, and a closet.

  • 4 weeks ago

    Be clear, there is HUGE difference between a real service dog trained to perform a specific set of tasks for a disabled owner and having an emotional support pet.  The ADA requires reasonable accommodation for service animals.  

    It comes down to who is the landlord or primary leaseholder. If you owned a property and said that you cannot reasonably accommodate a shedding pet, that would be okay. In your case, it seems that you've been told that a pet is moving into the house where you rent space on the couch.  You have not case and if you can't afford to rent a room you won't be able to afford a lawyer.  Better prepare to move. 

  • Kevin
    Lv 4
    4 weeks ago

    if it is a certified service dog, he would

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