Q: I dwell in a Manhattan condo with a no-pet policy. I lately requested an exception to the rule mainly because I have to have a dog as an psychological-help animal. The board rejected my request, declaring that since there is no definitive proof that pet dogs simply cannot spread coronavirus to people, allowing 1 in the building endangers the overall health of people. This would seem absurd to me. Can the board really reject my request on these grounds? What can I do to charm the decision?
A: Your condo’s argument towards an psychological-assistance animal is not rooted in the present-day science about Covid-19, or in disability legislation. The Mayo Clinic notes that “experts really do not take into account animals to be a significant way that coronavirus spreads.” There is no proof that viruses can spread to individuals from a pet’s skin, fur or hair, according to the Food items and Drug Administration.
Federal, condition and town regulations prohibit discrimination against persons with disabilities and have to have buildings to present fair accommodations. So even in a pet-cost-free making, when a resident with a incapacity desires an emotional-guidance animal, the board have to accommodate the ask for.
“The condo’s assert that canines may distribute Covid would seem absurd on its facial area,” claimed Darryl M. Vernon, a Manhattan authentic estate attorney who represents house owners of companion animals, noting that the science overwhelmingly points to individuals as the vectors. “That we know for sure,” Mr. Vernon stated. “So by the condo’s inane reasoning, they should really not allow for folks in the setting up any more, both.”
Even if a dog did pose an outside possibility, social-distancing principles would safeguard your neighbors in any case, as they need to be donning masks in prevalent spots and preserving a 6-foot distance from you. If every person follows the guidelines, there would be couple options to bodily come across your pet.
Administration is entitled to ask for evidence of your want for accommodation, so you might have to deliver a letter from a well being treatment supplier detailing how an psychological-assist animal would ease your affliction. If the board refuses your ask for, you could file a criticism with the city’s Fee on Human Legal rights, exposing the creating to the risk of sizeable fines for discriminating from you. You could be awarded damages.
But this dispute doesn’t need to have to arrive to such a confrontation. A letter from an lawyer spelling out the law and the board’s obligations need to set the building on detect and make it very clear that its reasoning for denying your ask for is unacceptable.
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