Court Says HOA’s Refusal to Allow a Vietnamese Pot Belly Pig as a Pet Was Not Discrimination

This case involved a dispute between husband and wife homeowners (“Owners”) and their homeowners association (“Association”) over Owners’ right to keep a Vietnamese Pot Belly Pig as a pet on their property.

Owners’ property is a single-family residence that is subject to Association’s Covenants, Conditions and Restrictions (“CC&Rs”) that contain a provision concerning animals and pets which prohibits animals, livestock or poultry of any type, and permits dogs, cats and other domestic household pets that are not kept, bred, boarded or maintained for a commercial purpose.

In late 2018, Owners acquired a Vietnamese Pot Belly Pig to keep on their property as a pet. In early 2021, Association filed a lawsuit against the husband owner, as the owner of the home, to remove the pig that it contended was not a permitted pet under the CC&Rs. In response to Association’s action, Owners filed a separate action against Association for discrimination in violation of the Fair Housing Act.

In their action against Association, Owners alleged: