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Denied housing access for ESA

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Iris vom- Zauberberg

Service Werewolf
 
 
Barked: Tue Aug 13, '13 1:57pm PST 
I suspect you have misunderstood the case. The animal in question was not classified as a service animal, but as an emotional support animal. That is much different. ESAs do not perform tasks or work for the disabled person. They are there primarily for the mental well-being of the disabled person.

It just so happened that the ESA in this case is a service dog in training. The poster was not trying to get her dog in as a service dog because it was not yet trained proprely, but as an ESA.
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Happy

The Boy Wonder
 
 
Barked: Tue Aug 13, '13 6:23pm PST 
I just have to state that if you won a case on housing based on ADA public access then the judge was incorrect for their ruling. ADA with the exception of very specific situations does not cover housing at all. Housing is determined by the Federal Housing Act.

A doctors note may not a service dog make.. but it's also neither your right, nor your business to know the person's disability.

As Iris stated as well ESA's are covered differently, and aren't service dogs at all. They are protected in no pet housing by the Federal Housing act in most cases.
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SIR AILBE,- Service Dog

Born To Serve- The Damsel In- Distress
 
 
Barked: Thu Aug 22, '13 9:38pm PST 
Rambo and Iris -- Under the FHA rules and regulations an ESA, SDIT and Service Dogs require NO TASKS, NO TRAINING,etc.. while living in a rental home or apt.

The following is needed for renting:

1) Letter of Reasonable Accommodation stating the need for the Service Dog, Service Dog In Training or an Emotional Service Animal (ESAs do not need to be a dog under the FHA)

2) Letter from your medical provider (on official letterhead from their practice) stating the need for a service animal, service animal in training, or an ESA as required for your disability needs under the ADA -- NO they can not ask what's wrong with you.

Send those documents by Registered mail with return receipt (make copies and keep a file). If a formal complaint needs to be done then you have the paper trail started for HUD to begin the process on their end. I had to email them all of my paperwork to begin my case two years ago.

ADA states train w/ tasks -- The FHA is older and they will not put in the training requirement...

I had a huge problem w/ my apt complex over having a SD, SDIT and ESA. Their policy was only 2 pets per bldg -- SD, SDIT and ESAs are exempt from the pet policy since they're not considered pets. The apt complex can't ask for proof of training or certification (mine tried)... My complex tried to tell me my dogs have to come from a program to be allowed -- NOPE

Please read: FHA law

http://www.hud.gov/offices/fheo/FINALRULE/Pet_Ownership_Final _Rule.pdf

I should know the rules since I did win my case... So, please inform other newbies that under the FHA the pets policy of their rental in null and void under the FHA -- Please read and you'll see that this info should be known by all...

Ailbe
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