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FHA and Service Dogs In Training

The Service and Therapy Dog forum is for all service and therapy dogs regardless of whether or not their status is legally defined by federal or state law, how they are trained, or whether or not they are "certified." Posts questioning or disputing a person's need for a service or therapy dog, the validity of a person's service or therapy dog, or the dog's ability to do the work of a service or therapy dog are not permitted in this forum. Please keep discussions fun, friendly, and helpful at all times.

  
SHADOW - RIP 14 June- 2014

BORN TO SERVE
 
 
Barked: Tue Jun 21, '11 9:19am PST 
I called the FHA/HUD hotline today for one of my neighbors. She's on full Social Security and asked for her rent to be paid on the 3rd due to her disability income comes in then. They denied her that request. So, her mom has to pay it on the 1st and she pays her back on the 3rd. I told her that I pay my rent on the 3rd for the same reasons she requested. So, I told her you have to go back to the office and request reasonable accomadation for her rent to be paid on the 3rd w/ no penalty fee (this is what my phone call was about plus the Service Dogs). She was also to ask if the complex is under HUD and that it should be noted in the denial letter. If you're denied you have to ask for a letter for denying your request (this is what the FHA told me). Then call the hotline and put in a descrimination complaint. They said the letter is very important when she files the complaint.

Her doctor wants her to have a Service Dog and she was told "no" by her complex. Plus she was told that she had to pay the pet deposit and the monthly. I told her that they can't do that ... FHA/HUD said the same thing... and a letter denying that should also be done.

Then I asked them about my situation because I was told by my complex that I had to get rid of my ESA cat and my older Service Dog when I got my new SDIT pup...

Well, FHA/HUD told me that I can have all three... and that under the FHA/HUD a SDIT is also classified as a Service Dog. Plus they said that the younger one will pick up the tasks from the old during the training process. I told them I was told that a SDIT in an apt is not a Service Dog until trained and that I had to claim it as an ESA till the training was done. FHA/HUD said that the ADA is not part of the requirement.. That's for public accomadation outside of your home... Inside your apt complex a SDIT is the same as a Service Dog because of the training that has to be done... If no training is done then it will be an ESA.. Plus he said that my old is a diabetic alert dog and would be till death... and he said its common for the younger dog to pick up on my current dogs behavior when my sugar drops.. Some do and some don't, but at least he's learning from the old...

So, I now know that SDIT in public housing is a Service Dog and not an ESA...

Shadow Walker
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Harley, SD,- CGC, TDI

Super Service- Boy!
 
 
Barked: Tue Jun 21, '11 9:27am PST 
I really hope that the person on the phone knew what they were talking about for everyone's sake, because that would be great. I know with the ADA hotline, you can call 5 times, get five different people, and each time get a completely different answer. I hope that's not the case here.
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SHADOW - RIP 14 June- 2014

BORN TO SERVE
 
 
Barked: Tue Jun 21, '11 11:06am PST 
FHA and ADA both cover disabilities... FHA is for your "private" residency and ADA covers you outside the home, "public"..

They also cover Service Dogs and both of them have their own regulations.

Service Animal Categorized - FHA

The Fair Housing Act does not define "service animal" per se, and does not make a distinction among certified service animals, non-certified animals, animals that provide psychological support, and service animals in training that live with the people with disabilities for whom they will work. The Act does not have restrictions about who may train the animal. However, the Act recognizes that service animals are necessary for the individuals with disabilities who have them, and as such does not categorize service animals as "pets." Service animals, then, cannot be subjected to "pet rules" that may be applied by housing providers to companion (non service) animals. Housing providers cannot, for example, impose upon service animals the size or weight restrictions of a pet rule, exclusions from areas where people are generally welcome, or access restrictions to only a particular door or elevator. Further, special tags, equipment, "certification" or special identification of service animals cannot be required. Judith Keeler, Director, U.S. Dept. of HUD, Northwest Alaska Area Fair, Housing Enforcement Center, states that it is HUD's position that no deposit may be charged for the service animal.

The Act does not specifically limit the number of service animals an individual with a disability may have. Requests for multiple service animals may be reviewed on a case-by-case basis. It is possible that housing providers may impose limitations if it can be demonstrated that an individual's request for reasonable accommodation exceeds what is necessary for that person to have full use and enjoyment of the premises.

I've already told my complex last year that I would have a SDIT, Service Dog, and ESA (cat) living on my premises. The two dogs have their jobs to do to migate my disability (physical) and my cat keeps me calm thru all the pain I endure... The FHA told me if they refuse the new SDIT (FHA says the dog in tng is not an emotional support animal, but a service dog who's in the process of learning his job skills) then I have to put in a complaint... Also, he said "Don't you have to take your dog out for training purposes?" I said "yes" and AZ laws allow SDIT the same rights as a fully trained Service Dogs in the public arena...
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Harley, SD,- CGC, TDI

Super Service- Boy!
 
 
Barked: Tue Jun 21, '11 5:52pm PST 
Shadow...

I am very well aware of that. You got the information about dogs in training from the FHA hot line, correct?

I have dealt with the ADA hot line (I know its two different agencies) before and know that you can call different times, ask the same question each time, and if you get different people, you will often get different answers. They don't seem to be trained beyond asking the most basic questions where they can read from a prewritten list of FAQs. They aren't really capable of taking individual situations and applying the law and giving valid advice. I had one ADA hot line person tell me that my employers could deny me my service dog because he wasn't program trained. I hung up, called back, and got a different person and a different answer (again, not a correct one).

What I was saying is that I hope the FHA hot line is NOT like the ADA hot line, and that you were given correct information. I have never had need to deal with the FHA or the FHA hot line so I have no experience from which to begin to try to make a judgment.
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