Q: HOA practicing selective enforcement and discrimination because of service dog
Hoa and residents are discriminating against me because of my service dog. They proceed to make many false claims about the dog barking all night long, I was able to prove them wrong by taking a video of another dog who was actually barking all night. At that point the HOA president called and asked if my dog as a Doberman and proceeded to tell me I MUST have the dog with me all the time and can’t leave it at home alone. Now 2 months later, not being able of accusing me of the dog barking anymore, the HOa sent a letter to my landlord requesting me to remove an Ikea bag from my parking space as it’s against the rules to store items. I took pics of other residents storing furniture, bags full of trash, paint, gym equipment etc.. in the same spot. She an enforcing the rule only with me lol I’m ready to file a complaint and sue them, I want to be left in peace. My doctor that I had for 8 years also sent a letter to them confirming my disability.
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- California
- (916) 704-3009
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- Answered
A:
Homeowners' associations (HOAs) must comply with federal and state anti-discrimination laws, including the Fair Housing Act and the California Fair Employment and Housing Act. These laws protect individuals with disabilities from discrimination, and this includes the use of service animals.
If your HOA is selectively enforcing rules against you because of your service dog, this may constitute discrimination. The fact that you have a doctor's letter confirming your disability and the necessity of the service dog strengthens your position. Documenting instances of selective enforcement, as you have done by taking pictures of other residents violating the same rules without repercussions, is a good strategy.
Given the situation, you might consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Department of Housing and Urban Development (HUD). These agencies investigate claims of discrimination and can offer guidance on how to proceed.
Litigation is also an option, but it can be lengthy and expensive. Before taking legal action, you might want to consider mediation or another form of dispute resolution. However, if these efforts fail and you believe your rights are being violated, consulting with an attorney experienced in fair housing law can provide you with specific guidance tailored to your situation.
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