Submitted by Anonymous on Sat, 06/11/2011 - 07:42
Posted in
My mother is 81 years old and lives alone in a Massachusetts condominium development. The condo rules do not allow dogs, even a little one, like my mom hopes to get. She asked for an exception because she spends a good deal of time alone in her home and would very much like some company, but the condo association said no. Is there any way under MA law that she can get a dog? Maybe a special rule for elderly folks? Thanks for any help.
Companion pets for elderly
Typically, a companion pet, as a opposed to a service animal that assists a disabled person, is not considered a medical necessity and, accordingly, condominium associations are free to enforce their rules and prevent owners from keeping dogs. Depending on the circumstances, if your mom is disabled or suffers from some medical or psychological condition, she may want to talk to a Massachusetts elder law attorney about this issue. There was a recent case, Massachusetts Commission Against Discrimination v. Brighton Gardens Apartments, in which a hearing officer allowed a patient with AIDS to keep a dog even though the apartment lease prohibited animals.
The decision was based on Massachusetts General Laws c.151B §§ 4(6) and (7A), which prohibits discrimination in housing on the basis of disability. The officer determined that the management of the building failed to make "reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling.” In this case, the complainant suffered from depression, anxiety, and isolation. Hope that helps.