GO!

Denied housing access for ESA

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.

  
(Page 1 of 2: Viewing entries 1 to 10)  
Page Links: 1  2  
Noah

Nugapocolypse
 
 
Barked: Wed Aug 7, '13 1:43pm PST 
So, I have a SDiT, an he is currently my ESA. I lived in a "no dogs" apartment community, and had a letter from my therapist stating why I needed the dog, how it's improves my quality of life, and that I do have a disability as defined by ADA.
My landlord contacted his lawyer, who demanded more information. I complied, but told my therapist to leave out my diagnosis of PTSD (at the time I was still really shy about it). The lawyer said I did not have a disability, and that I would have to get rid of my dog.
Did I do something wrong? And do lawyers have more say about who has disabilities than a therapist? I was deeply hurt, embarrassed, and it caused me a lot of emotional harm since I had to go and find a new place to live. It is really hard for me to go and talk to people, and so my anxiety has increased dramatically and I have panic attacks when I comes to people asking about my SDiT. I feel like I am cheating the system, and that maybe I should just give up because I was told I don't have a disability. I just need advice on what to do. I am absolutely terrified to even mention it to my new roommate (I was living alone before, as I have a very hard time living with strangers) and my landlord. I just want to know if I am in the wrong.
[notify]
Nare

Woo-woo- whineybutt
 
 
Barked: Wed Aug 7, '13 2:11pm PST 
What tasks does Noah perform to mitigate your disability?
[notify]
Happy

The Boy Wonder
 
 
Barked: Wed Aug 7, '13 2:59pm PST 
As far as I know it's against the law for the manager to ask what your particular disability is. That is none of their business. All they require is a not from your doctor (may actually have to be a psychiatrist rather than a therapist I'm not sure) stating that you have a disability and the dog is required for your disability.

Here is the break down from Servicedogcentral, but I'd follow the links to read the actual housing law to make sure of everything before you print it out and bring it in.
[notify]

Iris vom- Zauberberg

Service Werewolf
 
 
Barked: Wed Aug 7, '13 3:01pm PST 
An Emotional Support Animal, whether or not it is an SD in training does not have to perform work or tasks to mitigate a disability.

Do a search on "Bazelon Emotional Support Animals" online for more information about ESAs is non-pet housing.

Good luck!
[notify]
Nare

Woo-woo- whineybutt
 
 
Barked: Wed Aug 7, '13 4:17pm PST 
Sorry. Maybe I misunderstood OP. But weren't they mostly concerned that their disability wasn't severe enough to warrant a SD ? That they were seeking validation to have a SD?

While I am not a SD handler, I thought for a SD team there had to be 3 tasks used to mitigate a disability. Which is why I was asking..

I'm sorry if I misunderstood. frown
[notify]
Noah

Nugapocolypse
 
 
Barked: Wed Aug 7, '13 5:20pm PST 
At the time, he was only just learning some tasks, thus him being an ESA. He is currently trained to fetch a bag, to alert a specified person to come to me, to circle me in public, to distract from repeditive behavior, and to help break disassociation spells. Don't get me wrong, he isn't completely trained yet. I wasn't trying to get him approved as a service dog at the time, and I am not now. He is currently my emotional support animal, training to be my service dog.
I completely gave up on that place. It's just really hard knowing I'm going to have to deal with it again. But at least this new place has had experience with ESAs, so it should be smoother.
[notify]
Iris vom- Zauberberg

Service Werewolf
 
 
Barked: Thu Aug 8, '13 5:32am PST 
Good luck with the new place, Noah! Don't let management intimidate you into giving them more information than the law requires for your ESA. If you do, then they will expect that of people with ESAs who follow you.

I was the first person at my apartment complex to obtain a SD that went over the weight limit for pet dogs. They wanted a lot of private medical information. The Fair Housing Administration has an 800 number (regional, I think) that I phoned to be sure of my facts of what I needed to provide to make a reasonable request for accommodation and I referred management to that number as well.

I had no trouble after that and was able to bring my SD into my home.
[notify]
Noah

Nugapocolypse
 
 
Barked: Thu Aug 8, '13 7:54am PST 
That helps a lot. I'll make sure to find out exactly what is required by law. I just found out this morning that my roommate also has an ESA and already lives there.
[notify]
SIR AILBE,- Service Dog

Born To Serve- The Damsel In- Distress
 
 
Barked: Sun Aug 11, '13 9:32pm PST 
Under the Fair Housing Act you DO NOT NEED to classify your SDIT as an ESA... FHA states NO TRAINING is required... http://www.hud.gov/offices/fheo/FINALRULE/Pet_Ownership_Final_Rule.p df I had a service dog, service dog in training and an ESA cat living in former apt... My apt told me the sdit needs to be trained.. I contacted HUD and filed a formal complaint... I WON!! So, when you do your reasonable acommadation letter state in it the dog is a service dog in training ...

Ailbe

Edited by author Sun Aug 11, '13 9:47pm PST

[notify]
Rambo

Spoiled Rotten!
 
 
Barked: Tue Aug 13, '13 12:28pm PST 
I guess I will be the hated one here.
I am a landlord and have been for 35 years.
Have seen the service dog law so misused along with the dogs.
A note from your medical care provider does not make a service dog.
Under ADA what tasks he is it trained to do?
Sounds more like a Therapy Dog which does not have the same protection under the law.
Examples: One resident had a very large dog above our weight rules. She would leave this large dog in her unit for days alone. It was only there to protect her illegal ID making business. Now a real service dog would have been with her and not left alone for days. This made me to learn the ADA laws on service dogs
to be fair to real service dogs and those being misused to side step laws and rules in place like avoiding pet deposits.
I now have a hard of hearing lady whose dog was trained to alert her when the phone rings or a knock on the door. A real service dog.
I took the first lady to court and won. First word from Judge? What has your dog been trained to do to assist you? The Judge then showed the ADA law on service dogs.
So that is from a landlord who loves all animals, but also has a business to run.
Sorry if this upsets you. I am really a nice person and work hard to be a great landlord!

Edited by author Tue Aug 13, '13 12:31pm PST

[notify]
  (Page 1 of 2: Viewing entries 1 to 10)  
Page Links: 1  2