When a veteran
He filed complaint after condo association moved to evict
was told to give up his emotional-support dog, offers to pay for his litigation with his condo association flooded in. Now — with about a week left before the dog’s removal — HUD has opened a fair-housing investigation.
The federal government will look into whether an Orlando condominium association can force a longtime resident to surrender his emotional support dog, which exceeds the community’s weight limit.
Retired veteran Robert Brady filed a complaint with the U.S. Department of Housing and Urban Development after a judicial arbitrator recently determined he had to surrender the dog by Jan. 11.
HUD will consider whether the case violates fair-housing laws by forcing the widower to surrender the animal despite a psychologist’s recommendation he keep the dog. Weight limits at the Conway-area condominium are 35 pounds; Bane weighs about 41 pounds and might be a banned breed.
“The real crux of our concerns are the HUD fair-housing issues and we’re hopeful it takes its course the way we want it to,” said Orlando attorney Jonathan Paul, who represents Brady. They also are likely to pursue the case in Orange County courts, and Paul said he is working with a Gainesville law firm specializing in animal-access cases. Brady could not be reached for comment Wednesday.
Peter McGrath, attorney for the Orange Tree Village condominium association, said his office has also gotten calls sympathetic to Brady keeping his dog but the community must enforce rules that were established to keep residents safe.
“If it’s not enforced and something happens, it’s a guarantee that the association will be named as a co-defendant in a case and have to contact the insurance company,” said the attorney, who specializes in association law. “They really don't have a choice.”
McGrath said Brady had a year to complain to HUD and should have pursued legal channels long before now.
Efforts by Brady, 70, to keep