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Old 11-01-2007, 03:21 PM   #1
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Exclamation HELP! Apt. may not let my aunt in with a support dog!

My aunt is moving, and she got a letter from her Dr. stating that Zoie is an emotional support dog. She filled out an application (but didn't say anything about Zoie yet). Well today, she went to fill out her lease and she disclosed that Zoie is her ESD. Well, the woman was PISSED! She said that there are NO pets allowed. My aunt said she's a support dog not a pet. The woman said, "She's not a child...she's a pet and no pets are allowed." I'm not sure if my mom and my aunt mentioned it's the law, but the woman said she was going to talk to their lawyer first and will let her know tomorrow of the outcome. The lawyer HAS to know it's against the law to discriminate against her, right? What happens if she comes back and says no? My aunt doesn't want to pursue any lawsuit. What should she do?
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Old 11-01-2007, 03:26 PM   #2
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Animal Smiley 036 emotional support dog policy

check this out ...
http://www.bazelon.org/issues/housin...nfosheet6.html

the landlord may have to make an exception ...

The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not "pets," but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its "no pet" policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment.
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Last edited by Monday; 11-01-2007 at 03:29 PM.
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Old 11-01-2007, 03:27 PM   #3
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That looks like a great link, I hope it helps! I hope your aunt gets to keep her dog.
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Old 11-01-2007, 03:32 PM   #4
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Awe, that's horrible! If she doesn't want to pursue legal action, there's really nothing she can do, but she has EVERY right to have a certified therapy dog anywhere that a human can go including live with her. I would assume (and hope) that the landlord's attorney would advise her that that is against the law to prohibit someone to have a therapy dog live with them. Please let us know the outcome of this, and good luck
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Old 11-01-2007, 03:34 PM   #5
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If they say no she either has to find another place, or go after them legally which could make for bad renter/tenant relations. Some people are so far back in the cave age they kill me. A theraphy dog is allowed wherever it's needed.
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Old 11-01-2007, 03:51 PM   #6
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Quote:
Originally Posted by Monday View Post
check this out ...
http://www.bazelon.org/issues/housin...nfosheet6.html

the landlord may have to make an exception ...

The Fair Housing Amendments Act of 1988, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act protect the right of people with disabilities to keep emotional support animals, even when a landlord's policy explicitly prohibits pets. Because emotional support and service animals are not "pets," but rather are considered to be more like assistive aids such as wheelchairs, the law will generally require the landlord to make an exception to its "no pet" policy so that a tenant with a disability can fully use and enjoy his or her dwelling. In most housing complexes, so long as the tenant has a letter or prescription from an appropriate professional, such as a therapist or physician, and meets the definition of a person with a disability, he or she is entitled to a reasonable accommodation that would allow an emotional support animal in the apartment.
Thanks for that link! See, WE know it's illegal, but do they?
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Old 11-01-2007, 04:16 PM   #7
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Is she actually certified as a service animal, or is she considered a service animal due only to the fact that the doc wrote a letter saying she is. I don't really know the diff between service animals and emotional support animals regarding if the laws are stricter with one more than the other, but I would think if she is legit and ceritified, that this is a decision that the landlady cannot control...

Off subject, but would she be required to pay a pet fee. I always wondered about that....hmmm....

I hope she gets it worked out. Please let us know the outcome.
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Old 11-01-2007, 04:19 PM   #8
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I hope the landlord realizes all this and everything is ok. but i can see it maybe starting a bad relationship like Yorkiekids said. Your aunt shouldn't have to lose her baby so she can live somewhere.
I didn't realize this law was applicable with housing, but i am glad it is. That is very interesting to know. It makes complete sense though. You learn something new everyday
Please keep us updated with the outcome
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Old 11-01-2007, 04:38 PM   #9
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theres a lady in dallas that has a support horse that lives in the apartment with her so surely one lil bitty Yorkie wont hurt!
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Old 11-01-2007, 04:44 PM   #10
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Here is Ca there is something called the dept of fair housing. You can ask them to help you if you are being descriminated against in housing. It is not a lawsuit. It is free. They could prob. just make a few calls and get it straightened out for her. People dont usually want to get involved in being investigated by fair housing. Check to see if they are avail. in your state.
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Old 11-02-2007, 09:25 AM   #11
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Quote:
Originally Posted by BamaFan121s View Post
Is she actually certified as a service animal, or is she considered a service animal due only to the fact that the doc wrote a letter saying she is. I don't really know the diff between service animals and emotional support animals regarding if the laws are stricter with one more than the other, but I would think if she is legit and ceritified, that this is a decision that the landlady cannot control...

Off subject, but would she be required to pay a pet fee. I always wondered about that....hmmm....

I hope she gets it worked out. Please let us know the outcome.
I wasn't quite sure about the difference either before asking on YT a month or so ago. My aunt suffers from everything under the sun (especially depression for over 10 years) and her doctor wrote her a nice letter stating that Zoie is her emotional support animal. The ONLY thing this letter is for is to help her get into an apartment that does not allow pets otherwise. She can not take Zoie into stores, restaurants, etc (nor will she). Zoie is only there for her emotional support, not to help her pick things up, as a med reminder, etc. That's a regular support dog.
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Old 11-02-2007, 09:25 AM   #12
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Quote:
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Here is Ca there is something called the dept of fair housing. You can ask them to help you if you are being descriminated against in housing. It is not a lawsuit. It is free. They could prob. just make a few calls and get it straightened out for her. People dont usually want to get involved in being investigated by fair housing. Check to see if they are avail. in your state.
Thanks for that info! My mom actually called the Edison office, and get this...the lady said that if it's private property, she doesn't actually HAVE to allow her, but she should. Anyone hear of this?
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Old 11-02-2007, 09:30 AM   #13
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Sounds like it may be less trouble to just find a different place to move into. I wonder even if she wins this thing that the landlord might make life miserable for her considering she doesn't want her there to begin with.

Just a thought...
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Old 11-02-2007, 09:33 AM   #14
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Sounds like it may be less trouble to just find a different place to move into. I wonder even if she wins this thing that the landlord might make life miserable for her considering she doesn't want her there to begin with.

Just a thought...
That's EXACTLY what she's thinking. Now, it is a big complex, but my aunt is a worry wart. Plus, I read that if people complain about Zoie's barking, that IS grounds for eviction. She may just go to a different complex that allows dogs. It's not as nice, but it's doable.

I'll let everyone know what she decides. Thanks for everyone's help and support!
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Old 11-02-2007, 09:39 AM   #15
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At least she can be at peace in the other one and that alone makes it nicer...

I wishe her the best!
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