GO!

HUD housing and service dog question

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.

  
Toby

1258290
 
 
Barked: Wed Dec 12, '12 11:17am PST 
I currently live in HUD housing and have one pet. My doctor has prescribed me a service dog.

I have talked with my landlord and was told that I could not have both dogs in my apartment, even if one was a service dog. I told her that I was under the impression that service dogs were exempt from any pet policies, however she says that she has discretion because in my lease it says only one pet per unit and landlord can modify any clauses. please help with advice on this topic. I am just confused because my therapist told me different. thanks in advance
[notify]
SIR AILBE,- Service Dog

Born To Serve- The Damsel In- Distress
 
 
Barked: Wed Dec 12, '12 4:44pm PST 
You may have a pet, service dog, esa, etc.. in public housing. A Service Dog doesn't count toward the number of dogs allowed by that complex. You could first have your current pet moved up to an ESA (Emotional Support Animal) with proper written request from your medical team stating the dog will be the 1st phase of your medical needs. The 2nd phase will be getting your service dog that the doctor prescribed. Under the FHA (HUD overseas it) there is NO limit on the number of ESAs, Service Dogs, Service Dogs In Training for a person living in an apartment complex.

I had a Service Dog, ESA (cat) and a Service Dog In Training and was allowed those animals under the FHA laws.. My complex had a policy also on how many pets were allowed and with SDs, SDITs and ESAs they trump above and are allowed. They learned quickly that my animals don't count toward the pet policy.

Plus NO TRAINING IS REQUIRED!!!

I WON my case with HUD with my Service DogS and ESA in my apt complex... The FHA requires NO PROOF OF TRAINING...

http://www.hud.gov/offices/fheo/FINALRULE/Pet_Ownersh ip_Final_Rule.pdf

The only thing required by HUD is:

Reasonable Accomadation Letter requiring the need of a Service Animal (That can be done stating that your current "pet"has been upgraded to an ESA and will remain as one while a service dog can be obtained. In that letter you're explaining the need for both for medical purposes. Make sure you have it notorized and keep copies for your records.

Medical Letter just stating that you need a service animal and ESA without disclosing your medical condition

Make sure you SEND THE LETTER to the apartment complex landlord by Certified or Registered mail with a sign signature that they received it. Keep copies of everything.


Call HUD if they deny your request. HUD will give you a case number if they decide to go ahead and put in the formal complaint. The apt complex landlord and lawyers from the complexes headquarters will receive the complaint and HUD will put you into mediation mode till its resolved. If the landlord tries to give you the boot once you files a formal complaint they cannot make you move because they're in violation of federal law.
Go thru the Forums to read more on my case and all of the paperwork laws that HUD sent my way..

Ailbe

Edited by author Wed Dec 12, '12 4:47pm PST

[notify]
Crazy Sadie- Lady

Im a SD and- proud of it so- there!!!!
 
 
Barked: Sat Dec 29, '12 1:37pm PST 
I agree with Albe I too am in Hud housing and my Landlord was completely against Animals all together, but When I got Sadie anyway and gave her all my papers that showed her that I had the right to do so. She fell in love with Sadie after that and realized that she was an asset rather then a problem. Her and her husband love Sadie and he was the one that told her that she had to let me have the dog cause of the Laws. I had ment at first to get one that was small but realized that I needed a large breed cause of my disabilities. But for the most part Sadie has been good for her business she has scared many robbers away form her place some still were brave enough to try though. She does have an alarm though so it is not all Sadie. The most amazing thing is is that she now will stick up for me about sadie to anyone who puts up a stink about her being in the way like this guy who owns the building out back of my apt. house. It is a big change form her saying NO!!! way to her telling that guy to go back where he came form and stop bothering Sadie and he should stay over on his side if he dose not want her to bother him. Albe is right though the SD dose not count go to ADA.com that is the fed. Laws for Disabled people and discriminations.
[notify]

Beth

Hey! I hear- people landing- on the Moon!
 
 
Barked: Tue Jan 15, '13 9:52am PST 
Although we are not in HUD housing, we (daughter and I) recently moved to a new apartment building. We let them know up front that we have service dogs, and they never even asked for documentation (although we both have it, since we often end up traveling on the spur of the moment and airlines can be...well...special...at times).

Otherwise, they only allow cats there, and then only one and you have to pay monthly pet rent.

I was very pleasantly surprised at their attitude toward service dogs. It's generally been a pain in past housing circumstances.
[notify]
Isaac

1278829
 
 
Barked: Tue Jan 15, '13 1:29pm PST 
The law regarding SD's and ESA's in housing is based on the idea of "reasonable accommodation." The law doesn't guarantee that you can have an SD or ESA. It says you have to request a reasonable accommodation from the landlord and in most cases, the court would find it reasonable to allow an SD or an ESA, or some cases, one of each. If your landlord finds it unreasonable to allow you to have both a SD and a pet, you can present them with your reasons why you feel it is reasonable. In the end, if the landlord doesn't agree, you could go to court and let the court decide, but that would be stressful and time consuming and possibly expensive.
[notify]
SIR AILBE,- Service Dog

Born To Serve- The Damsel In- Distress
 
 
Barked: Thu Jan 17, '13 4:13am PST 
Issac .. Being denied Reasonable Accommodation is where HUD comes on board. HUD has had many cases like mine where a new pup is coming in to replace the older one. I loved HUD when they told me "once a service dog, always a service dog". A service dog can retire from public work, but still can be a service dog at home till death.

My complex bluntly told me that I couldn't have a service dog in training because "only trained service dogs are allowed in apartments and the law says so". What they were confused with was FHA and ADA laws. So, HUD started the paperwork for my case. HUD works on a mediation process and many cases never go to court because your HUD representative will get the matter resolved. If the mediation process doesn't go well and HUD recommends court then they'll be your representative for the court proceedings.

So, all she has to do is get her pet classified as an ESA. The dog will remain as her ESA forever. Then she states that since her current ESA is not service dog trainable, then the request that a service dog in training will be coming in to her apartment to help with her disability. I had three medical deemed dogs and a cat in my complex that had a 2 pet policy.Since ESAs, service dogs and service dogs in training are not pets then they're allowed to "bend the apartments pet policies".

HUD is the 1st step --- Court proceedings are rare because really knows how to mediate you case.

Ailbe

Edited by author Thu Jan 17, '13 4:17am PST

[notify]
Crazy Sadie- Lady

Im a SD and- proud of it so- there!!!!
 
 
Barked: Fri Feb 1, '13 3:30pm PST 
I have a HUD apt. and I agree with Alge and the others since I had to argue to get even one dog in to my No pet housing building. When my doctors told me I needed a SD. SD are not pets though they are live Medical divices.
[notify]