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Landlord wants to refuse us a service dog

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.

  
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Crazy Sadie- Lady

Im a SD and- proud of it so- there!!!!
 
 
Barked: Mon Feb 25, '13 11:15am PST 
Oh and on the other thing Though I am one person Sadie dose many different tasks for me for many different Disabilities. I am not sure though it would be the same as doing different things for two different persons. I will tell you though Sadie has allerted to many different things for a couple different friend of mine once for a friend who had seigers and another that also had general Anxietie problems. Though is was not an on going situation for day to day Sadie for the most part only worked for me. She just happened to be sensitive to their piticular stress issues at that time. It was also an accurate alert though a natural on made on her own accord. I guess; You would note that it is one of those natural things some dogs can do. I have learned though since I have had Sadie that there are things she can do and dose for me that I did not have to train her and I just happen to figure out when she dose something that helps me that I just incurage her to perform that tasks for me and treat her for it. Witch I consider it training herself since she had done something all by herslf in the first place. She is just naturually well behaved though I am sure the people who had her did some basic training for house breaking. Once I got use to her and she me we really worked well together.
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Isaac

1278829
 
 
Barked: Mon Feb 25, '13 1:48pm PST 
The ADA does not say ANYTHING about housing. Nothing at all.

The Fair Housing Act (FHA) says landlords must allow service dogs and emotional support animals, IF the landlord is covered by that law - some are exempt. The FHA says NOTHING about service dogs in training. Nothing at all.

I don't know of any federal law that says landlords must allow service dogs in training. Apparently some states have such laws, but there aren't federal laws that address SDiT's.
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Iris vom- Zauberberg

Service Werewolf
 
 
Barked: Mon Feb 25, '13 2:22pm PST 
Exactly as Isaac posts, the ADA does not concern housing. That is the job of the FHA.

I feel it is so important, it is worth emphasizing in a "what he said" post.
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Member Since
02/24/2013
 
 
Barked: Mon Feb 25, '13 5:51pm PST 
Everyone, I really appreciate all the feedback. And I promise you I am hearing what you are saying about one dog for 2 kids. I realize that may be a big task for one dog now, and will bear that in mind as we go through this process. However, my biggest concern here is that my landlord won't even let us have ONE dog, much less TWO.

That being said, I did some research on him and properties he and his wife own. Together, they have five properties which makes him fall under the FHA laws for service dogs. In regards to SDiT, the Georgia laws state that he must not discriminate against SDiTs in housing, either.

So it appears to me that he would be REQUIRED to let us have the dog. I have seen in some legal documents that whichever laws are LEAST restrictive to the disabled person take precedence when it comes to looking at State vs. Federal, or FHA and ADA. And yes, I know that ADA is mostly for businesses, etc. It does not say anything about housing.

In regards to trainers, I just heard back from yet another one I had reached out to today, which makes three that haven't made mention of the multi-child issue. I would hate to think that 3 different places (none of which are hole in the wall or cheap, either) are not guiding me correctly. But I can see your points. But ultimately, if we need 2 dogs, that is even a bigger deal, because we are fighting for just ONE right now.

Still waiting to talk to lawyer....got an email from him today, and he wants us to call but we were away. So we will try to call him tomorrow.
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Scooter

Work hard; Play- harder.
 
 
Barked: Mon Feb 25, '13 6:07pm PST 
It isn't how many total properties they own, but how many they rent out.

Edited by author Mon Feb 25, '13 6:08pm PST

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Member Since
02/24/2013
 
 
Barked: Mon Feb 25, '13 6:25pm PST 
Well, we know they rent at least 3 of them and in the FHA amendment it states one of the stipulations is that they must not be in the business of renting houses. Well, they just bought one a few weeks ago, brand new, and are already posting it for rent. So I think that is pretty much being in the business of renting out homes.

Under specific exceptions to the Fair Housing Act, the reasonable
accommodation requirements of the Act do not apply to a private individual owner who sells his
own home so long as he (1) does not own more than three single-family homes; (2) does not use
a real estate agent and does not employ any discriminatory advertising or notices; (3) has not
engaged in a similar sale of a home within a 24-month period; and (4) is not in the business of
selling or renting dwellings.
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Peekaboo

You can't see- me!
 
 
Barked: Mon Feb 25, '13 8:02pm PST 
Service dogs in training are in fact covered by the FHA. The FHA is older than the ADA and defines a service animal much more broadly. Animals are still covered, as opposed to just dogs and miniature ponies. SDiTs are covered, as are retired service dogs. I am looking for the memo issued directly by HUD/FHA -- I know I have it somewhere around here but I can't seem to find it. In the meantime, I leave you with this FAQs page and the HUD/FHA pet ownership final rule.
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Member Since
02/02/2013
 
 
Barked: Tue Feb 26, '13 6:37am PST 
When it comes to Federal versus State, Federal ALWAYS trumps STATE law. But, all rights are granted to the State if the Federal law does not prohibit it. All rights are granted to the local government if neither the Federal nor State law prohibit it. All rights are granted to the Individual if neither Federal nor State law nor local laws prohibit it.

Therefore, if any Federal Law prohibits the landlord from refusing your service dog, that law will trump any other law. If Federal Law does not prohibit the landlord from refusing your service dog, then the State law needs to be looked at. If the State does not prohibit it, then the local law needs to be looked at. If nothing there prohibits it, he can do whatever he wants.
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Reno

Not all Service- Dogs are tall
 
 
Barked: Tue Feb 26, '13 11:50am PST 
You're looking under the wrong laws for help. Your Service dog (in training or not) is covered and protected by the Americans with Disabilities Act or ADA. The ADA law trumps all housing laws, it's federal and covers ALL states, all counties, private or company owned properties etc. Bottom line, if a person is leasing out a place to live they MUST allow a service dog (In training or not) and it is ILLEGAL for them to charge you one single cent extra in rent, illegal for them to ask for a pet deposit or for ANY restrictions on that service animal because by federal law, that animal IS NOT a pet. It is also ILLEGAL for them to ask what the dog does, what your disability is that requires the dog etc. They may ask for proof that the dog is required, in the form of a simple letter from a doctor or therapist that only has to say the dog is medically required (no reasons should be listed) by you. Denying access to a service animal is illegal, denying you the ability to have your animal while it is trained for service is ILLEGAL and you can contact the ADA hotline ar 800-514-0301 or get help at ada.gov there are printable pamphlets you can give your landlord that explain his rights and yours. If you have paid him a cent for this, he has to return every dime to you. Reno is a registered SD for me, he is my second Service Dog. Society still resists the access of service dogs and are prejudiced against them. Stand up for your rights, you're educating and fighting for rights YOU HAVE under Federal law.
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Member Since
02/24/2013
 
 
Barked: Tue Feb 26, '13 12:27pm PST 
@Reno, thanks for your post. I was under the impression that the ADA (since it doesn't mention housing) was not applicable except in places of business. I will definitely check out the brochures.
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