› Flat Chat Strata Forum › Living in strata › Out of luck when strata by-laws ban pets › Current Page
@Player Special said:
A new tenant moved into the building signing a lease acknowledging no pets. Nor was any request made at the time to keep a pet to the Owners Corporation. The building is sign posted ‘no pets’. Subsequently a dog appeared. The body corporate and owner of the apartment was informed it belonged to someone else and would be gone in a matter of weeks. This never eventuated and the new tenant then claimed the dog was a special needs assistance dog that has been admitted to the mindDog program. The pre-requisite for this is a letter from a doctor and payment of a fee. The training last for approximately 12 months when the dog must thereafter wear a special vest identifying it as a special assistance dog. This new tenant now has the full protection of the anti discrimination laws. Thoughts?
I would think the tenant would have anti-discrimination protection AFTER the dog had been trained. And you could go to NCAT and argue that it’s not really an assistance animal – just the abuse of a loophole.
Having said that, is it really that much of a problem? There are mechanisms under the Act for removing animals that are permitted but which have proved to be a nuisance.
For a number of reasons, not least that this person may have a genuine problem, I would be tempted to let this slide until an actual problem arose.
If you are concerned that this sets a precedent, I would use the “assistance animal’ provisions as a way of discouraging other tenants from bringing in pets (if that’s what the majority of owners really want).