Full Case Name:  Judgement 01413-2017-PA/TC, 2016, animals and horizontal property - Peru

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Country of Origin:  Peru Court Name:  Constitutional Court of Peru Primary Citation:  01413-2017-PA/TC Date of Decision:  Wednesday, October 19, 2016 Judge Name:  Blume Fortini, Miranda Canales, Ramos Núñez, Sardón de Taboada, Ledesma Narváez, Espinosa-Saldaña Barrera y Ferrero Costa, Docket Num:  01413-2017-PA/TC
Summary: The plaintiff brought this Amparo suit against the building owners where he rented his apartment for a new regulation prohibiting pets in the building and not allowing them to take the elevator. The plaintiff claims that this recent ban on pets violates his property rights, as well as his rights to the free development of personality, freedom of movement, and the principle of non-discrimination. He also raised issues of health and safety for pets with regard to not being allowed to take the elevator. The court found in favor of the plaintiff and discussed various regulations that would serve as a compromise between the parties. Additionally, the Owner's Association was instructed to revoke any warnings or sanctions imposed on the plaintiff under the application of the regulation and to apply the ruling to guide dogs. Finally, the court determined that this ruling would constitute binding legal precedent.
Documents:  PDF icon 01413-2017-AA.pdf (4.13 MB)

See summary in Spanish

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