Is this a discrimination situation?

Question

We moved into a mobile home park in october 07. In January of 07 a rule was passed that no dogs over 40 pounds are to reside in the park. However, they let us move in with a 75 pound dog which is very well mannered 1/2 golden/1/2 Australian Shepherd. He is our sons dog and once our son moved to the country he took him. We were wanting another puppy and was blessed with a 6 week Golden Retriever. Now their saying we can't keep him because he will be over 40 pounds. A Doberman, Grey Hound, Chocolate Lab and other over 40 pound dogs reside here and they say its because their Grandfathered in. We are facing eviction if we do not get rid of our puppy. I see no fairness in this situation and I am home with this puppy most of the time. Other rules are being broken in the park as well like motorcycles (rules state no motorcycles) & people living with family members who are not registered and back ground checked. I don't care what everyone else is doing it is their business. I am just wondering if this is a form of discrimination. Help! Our neighbors all disagree with the parks decision too. They are witness to us keeping very good control of our pet. Please I need input! Meanwhile we are looking for a place as I am not getting rid of our Golden!

Update:

The rulel went into effect in Jan. 07 and they let us move in on Oct. 07 with our 75 pound dog. How could this be grandfathered legally?

wizjp · Accepted Answer

Uh...what race, creed, sex would be covering discrimination here? 

It's a private business; they can exempt to whatever rules they see fit unless you can prove they are in violation of the Fair Housing act; and I don't see that here. The "2 wrongs make a right " defense probably won't fly either.

Susie D · Answer

Rule says "no dog over 40 pounds" - you obviously knew that and decided to get a dog that would be significantly over 40 pounds when grown. 

Yes the park has the right to say get rid of the dog or face eviction.  It really doesn't matter what other ordinances they do or do not enforce as long as they enforce this one consistently.  The other over 40 pound dogs in the park existed before the rule, and were rightfully grandfathered in.  If a new person moves in with a Great Dane and they are not given the same set of terms as you - then that is unfair.  

It doesn't matter how well you keep your dog - it matters that the dog is outside the rules of the park.

Almond · Answer

It appears that the people that are riding motorcycles are grandfathered in as well, just as the 75 pound dogs are. 

The rules obviously changed while these people were still living there, so therefore they were exempt from the new rules.

Your best strategy is to check the terms of your contract agreement. 

It definetly does not sound like a discrimination case.

JoelKatz · Answer

Check the rule very carefully. It most likely grandfathered *you* and not the dog. It's you that's breaking the rule, not the dog.

? · Answer

Rule of thumb: if the property isn't yours, you follow the landlord's rules. it isn't discrimination. You're just breaking the rules. Move out or sell the dog.

aussie unionist · Answer

Unfortunately different treatment, whilst unfair, is not discrimination in most jurisdictions. 

PS. It's "they're saying", not "their saying"

? · Answer

it is a sparkling case of harassment and don't take to the shop supervisor flow over his/her heads and flow to the district supervisor and state what occurring and supply him/her all the tips suitable to the incidents dates and circumstances it befell and tell them that the shop supervisor has did no longer accomplish that approximately this .

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Is this a discrimination situation?

7 Answers