The potential adopter does know the laws pertaining to service dogs,but hasn't presented that to the complex yet.
Make sure the potential adopter is aware that housing laws must be looked at in a different manner than say normal Public Access Rights. Different laws and different regulatory federal agencies.
The first thing a tenant needs to do is to determine what type of housing that is involved and then find the law that pertains to it.
The Fair Housing Amendments Act of 1988 (FHAA)
The most common for rental units and condominiums
* Buildings with four or fewer units where the landlord lives in one of the units
* Private owners who do not own more than three single family houses, do not use real estate brokers or agents, and do not use discriminatory advertisements.
Section 504 of the Rehabilitation Act of 1973
Is the housing under any federal assistance? (Public or Subsidized Housing excluding Section 8)
Title II of the Americans with Disabilities Act of 1990
by Local or State Agencies.
In various cases that have gone to court the ruling has been that the landlord may require documentation that the individual is disabled per the qualifications of the particular regulatory agency.
* Having a certain medical condition does not always qualify as a disability under the regulating agency. The individual would need something from their treating doctor stating that in the doctor's medical opinion that the person meets that agency's
* The landlord may be allowed to request documentation of training (not just an ID card purchased over the Internet stating the dog is *Certified*).
* Landlord may
be able to restrict size or breed of dog if their insurance company has placed those restrictions.
Once the tenant knows which law they fall under they can use that information when writing a letter requesting a reasonable accommodation. (Tenant should not rely on a verbal request and a verbal answer from their landlord.)
If there are any problems or concerns after doing basic research, it is recommended that the tenant finds a qualified attorney (one who knows SD law) who can work with them.
Even after a tenant receives a written accommodation from their landlord they may be subject to future legal actions from the landlord to remove the dog from the property.
Also, if the property changes ownership and/or source of funding, the process may have to begin over again.