FACTS: A tenant signed a lease and is going to move into a townhouse.  The tenant has a service dog. 

The HOA wants to charge the tenant $75, which is charged to all pet owners to pay for DNA testing.  The HOA has DNA testing performed so they can identify individual pet owners to enforce the HOA policy that residents must clean up after their pets.

ISSUE: Can the HOA charge $75 to the tenant for the DNA testing of the dog?

ANSWER: No.

DISCUSSION:

Guidance from the U.S. Department of Housing and Urban Development (HUD) states that the Fair Housing Act requires housing providers (including HOAs) to allow a person with a disability to have an animal as a reasonable accommodation.  “Assistance animals are not pets.. They are animals that do work, perform tasks and/or provide therapeutic emotional support for individuals with disabilities.” “Pet rules do not apply to service animals and support animals.”   HUD Notice: FHEO-2020-01.  Therefore, the tenant’s service animal is not considered a pet, and the HOA cannot impose the $75.00 fee. To do so would be an act of discrimination under the Fair Housing Act.

For more information on this topic, please visit: SLS Service or Support Animal – YouTube.