If an owner has a “no pets allowed” policy, do the Home Owners have to accept the service animal?
The Answer is yes.
In the state of Florida we have to follow Florida State Law (FS 413.08) and also the Federal Fair Housing Amendments laws/acts. An individual with a disability is entitled to rent, lease, or purchase, as other members of the general public, any housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons. This includes the Rights of an individual with a disability with the use of a service animal. A “Service dog” is one that has been individually trained in specific work or tasks that mitigate the life-limiting effects of their handlers’ disability.
However, Florida has a gray area in regards to “Therapy dogs”. The job of a Therapy Dog is to make physical contact with people, allowing them to feel comforted by the physical experience.
At Real Property Management South Orlando we consider Therapy dogs acceptable. Click on this link to read Florida State Law (FS 413.08) http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0413/Sections/0413.08.html
Individuals with disabilities are solely responsible for the conduct of their service animals, and the Property Managers or Owners may use remedies if the tenant fails to satisfy this obligation.
Additionally, Owner or Property Manager cannot ask the tenant about their physical or emotional disability as they must treat all perspective tenants the same.
For more info Call Real Property Management South Orlando at 407-982-2000