• Possession of a therapy animal

I am a boy suffering from depression and social anxiety disorder. I have rented a flat of whose the agreement says no pets allowed. I have got a notice from my psychiatrist saying that I will need a therapy dog to aid myself. But my association doesnt listen to me. What can I do? Can I file a complaint? Thank you.
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

Lawyers are available now to answer your questions.

4 Answers

Association cannot refuse permission to keep a pet dog

2) The Animal Welfare Board of India has passed by-laws on keeping pet dogs in apartments. If you are living in a society apartment, you should be aware of these laws and make sure no one harasses you for keeping a pet in your apartment

Rules & By-Laws for pet owners living in society apartments:

Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.

Any discrimination over size or type of pet breed is not allowed in a housing society.

No ban can be imposed on pet owners due to their dog’s barking habits.

No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.

If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the society.

3) file police complaint against resident association

4) also complain to animal welfare board against association

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

Hi

1) Owning and possession of pets is a matter of right and as such no flat owner or flat owner's/ resident welfare association can prevent you from keeping a pet

2) Please refer to circular of Animal welfare board of india in this regard(https://awbi.org/awbi-2pdf/pet_dog_circular_26_2_2015.pdf)

3) The Animal Welfare Board of India as part of the Ministry of Environments and Forests, Government of India has issued an updated circular clearly listing bylaws on all pet dogs and street dogs in the country.

4) The circular offers clarity and insight on detailed answers on various recurring questions regarding the various aspects of laws concerning pet and street dogs.

Bylaws and Rules with respect to Pet Dogs and Pet Owning Residents in a RWA

a) Any RWA cannot ban residents from keeping pets even by obtaining a consensus.

b) The introduction of any sort of a ban on residents keeping a pet cannot be introduced even if majority is in favor of such a ban.

c) There cannot be any discrimination on size of pets allowed in the housing society.

d) Dog Barking is not a valid reason to impose any pet related ban.

e) Any ban on keeping pets cannot be introduced even after amendment of society bye-laws and regulations.

f) Banning pets is direct interference with fundamental freedom guaranteed to the citizens as per the constitution.

g) Any pets and resident owners of the pets not violating any municipal law are permissible to stay in the society or community.

Yes. You can file a complaint at the nearest police station or at Blue cross or animal welfare board at 3rd Seaward Rd, Valmiki Nagar, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai, Tamil Nadu 600041.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. No society can restrain its member to use his premises in lawful manners which includes keeping a pet .

2. So complaint with the Registrar of society.

3. The Society would pass necessary direction on the Managing Committee.

4. Alternatively you can bring a pet in house and start keeping it and let the society take action which is not permissible under any law.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

If it is a rule that no pets can be allowed inside the flat of the premises, you cannot claim exemption on any ground until t is your own house.

If it is a rented flat, you may have to abide by the rules in common, or else you may have to vacate and look for some other place where your pet can also be allowed to be tenant with you.

No legal case can be maintainable.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer