Can Tenant Claim ‘Emotional Support Animal’ at Any Time?

RE Q&A: A condo board denied a tenant’s dog that was 30 pounds above their weight limit, but she later got documentation showing it’s an emotional support animal. Can she do that? Also: Condos, HOAs, noise and pickleball.

NAPLES, Fla. – Question: A tenant seeking approval to reside in our condominium has a dog weighing 60 pounds. We have a 30-pound limit on all dogs. When we denied the application because of the dog, the tenant then claimed that the dog is an emotional support animal and provided a letter dated after our original denial from a mental health professional. Do we have to allow this dog? – T.A., Naples

Answer: There are multiple issues here, but the short answer is that the weight of a valid emotional support animal is irrelevant. If a dog is also an emotional support animal, it is not subject to pet restrictions

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