Legal Question in Real Estate Law in California

Is it legal for a husband to claim his deceased wife's dog as a "service animal" when he is not disabled? the dog is a large breed which is in violation of the cc&r's of the hoa. Thank you for your time!


Asked on 7/13/14, 4:16 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are really two questions here. The first is whether the dog is a "service animal," and the second is whether a non-disabled person is allowed to keep a service animal. Whether the dog qualifies as a service animal depends upon whether it has been trained as such. As to the second question, if the husband is disabled, he may keep the service animal, and if he is not, he very likely may not keep the service animal. Please note that "disabled" is now more broadly defined in the Americans with Disabilities Act, and includes certain mental disabilities as well as physical disabilities.

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Answered on 7/13/14, 4:49 pm


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