Wa-usa: My Duplex Neighbor/housing Voucher Tenant Got An Esa Dog And Her Lawyer Claims I Can't Deny It Even Though We Are Exempt From Fha Requirements.

I purchased a duplex to live in and it came with a long-standing tenant in the other side. She receives a subsidized rent voucher from the local housing authority that I assume is federally funded. She recently decided to bring home a puppy even though her lease says no animals allowed, and I really do not want a dog on the property. I serve her a comply or vacate notice, to which she gives me a legit letter from her psych saying it's an ESA. Alright. FHA rules require reasonable accomodation for ESA's. But actually, owner-occupied duplex's are exempt from this rule, and I never formally approve or deny her request.

I let it slide, for a while. The puppy grows into a huge dog, and she begins housing it in her garage, never, and I mean never, taking it out to relieve itself or go on walks. It does not leave the garage for months, and she apparantly cleans up after it constantly instead. Obviously this is wrong and disturbing on many levels. I give her another comply or vacate, she gets a lawyer who states a bunch of federal code that basically says a disabled person shall not be excluded from any program or activity that receives federal funding.

The relevant sections:

24 CFR Part 8.1(a) The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C 794), to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development.

29 US.C Section 794 No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency.

Can anyone confirm these sections would not allow the denial of an ESA reasonable accomodation request from an owner occupied duplex that is exempt from FHA rules? Thank you.