Tenant Fined $500 for Not Vaccinating Her Dog Against Rabies

The Health Department issued a violation notice to tenant for harboring a dog that was at least four months old that hadn't been vaccinated against rabies. Tenant couldn't show that his adult Chihuahua dog had been vaccinated during the DOH apartment visit. At a hearing, tenant said the dog was vaccinated after the inspection date. She also argued that the dog was a service animal for her daughter and rarely went outside. The ALJ upheld the violation and fined tenant $500. Tenant appealed and lost. On appeal, she claimed for the first time that she hadn't realized that the vaccination that the dog received prior to adoption had expired. ECB wouldn't consider new evidence. Health Code Section 11.29(a) requires any person who owns a dog at least four months old to actively vaccinate the animal against rabies. Subsequent vaccination or financial hardship weren't defenses to the violation.

DOHMH v. Nin: ECB App. No. 2200522 (6/30/22)[1-pg. document]