Our pet policy is no more than 2 pets with a combined weight limit of 80 pounds.
We have a person who wants to apply for an apartment but has a 100 pound great dane. Clearly over our weight limit. In the past at other management companies, we've allowed these dogs on site (even if they're over restriction) but told them they can only have 1st floor apartments.
Is this against fha in any way? a dog isn't protected by fha - but I wanted to make sure!
I'm no fair housing expert, but bending the rules in any way regarding approval processes gets dicey. I would imagine that if you didn't bend the rule for someone in a protected class, but bent the rule for a non-protected class, suddenly you have a liability with Fair Housing discrimination complaints.
Whenever these kinds of situations occur and your are tempted to deviate from the established policy, I think it is time to re-evaluate why the policy was created in the first place. Perhaps, there is no need now for a policy, or modern techniques may eliminate the need for a particular rule. You can change it. The thing is, everyone needs to know what the policy is, if it is part of the lease, the change will need to be added for new and renewing leases, etc. There is most likely a reason why your community policy is to restrict the pet size. That reason may still be valid.
I agree that "bending" the rules is risky business. The next thing you know, you have a fair housing shopper asking you about bending the rules and next thing you know, big trouble ensues.
The rules exist for a reason. Stick with them. If the rules need to be changed, go through the steps to get them changed.
Allowing different size pets in different apartments or on different floors is also a big no-no. The rules must apply equally to the entire community.
Rose M wrote: Allowing different size pets in different apartments or on different floors is also a big no-no. The rules must apply equally to the entire community.
I agree. A rule is a rule. If you make one exception you'll just have to make more exceptions in the future.