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? :confused: What happens if she comes back and says no? My aunt doesn't want to pursue any lawsuit. What should she do? |
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. |
That looks like a great link, I hope it helps! I hope your aunt gets to keep her dog. |
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 :thumbup: |
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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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 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:animal-pa |
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! |
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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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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I'll let everyone know what she decides. Thanks for everyone's help and support! |
At least she can be at peace in the other one and that alone makes it nicer...;) I wishe her the best! |
Only thing is......I would be totally afraid to move in....what if something happened to Zoie? I would never leave her alone for a second in that apartment...no way. If they don't want a dog there, there is more than one way to get rid of them. |
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:eek: I read that three times to make sure I was reading HORSE! Why would anyone want a horse, support or not, in an apartment? How can you live with a horse inside small quarters? Hope things work out for your Aunt. |
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I have to agree w/ what someone else said though--I'd just find somewhere else to live that DID allow pets. Even if she can force them to allow it, I'd be afraid they would just make up reasons to hastle her afterwards. (That happened to us once.) |
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But it doesn't matter now anyway, b/c she went with a place that allows pets. The only thing is if they come back and say okay, she will deny them and lose her deposit of $250. She doesn't care though b/c she's afraid of repercussions throughout the year and come lease renewal time. |
I think she will be alot happier in the new building that does allow dogs. I know I would be. Senior buildings for ages 62 and older must allow dogs under 20 lbs since they have found it is so good for us to have them. We have 3 here in a 40 apt complex. Of the 3 two are great and the other one makes life miserable for everyone.:( |
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If they have a government loan to set it up as senior housing they have to in every state as far as I know. Ours is a Hud building but is owned by alphi phi alpha fraternity and it's wonderful except for this chihuahua LOL |
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I was just telling you what we've been advised by our lawyer that oversees the paperwork for the rental properties we own. Asked the girl at my office who handles the rental properties for the company and she confirmed. They can require proof from a doc and proof that the dog is a certified service animal, they just can't require the nature of the ailment to be disclosed. Maybe it is different depending on where you live, I don't know. Just trying to offer some info to help out.:( |
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Also, I think you are correct about being different in different places. The township said that if it is private property they don't have to allow her. But my thought is this: people who deny support dogs better hope they don't need one in the future b/c karma is a bitch. |
Is this your aunt's area? http://www.alternativesforseniors.com/interior.php I just asked our manager about this and she said she was under the impression that all Hud senior buildings in every state had to allow pets. When I was looking here in Ohio they all did and North Carolina because I was thinking of there also . Of course a Mgr. tries to keep everyone happy and an unruly dog can get complaints to her office every day to deal with so that is not always there first choice in a resident. I took Crystal with me to apply. |
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This is N. Y. try this one but it is alittle different, the N. J. one has apts for seniors etc. If it's not a Hud bldg I have no idea what the rules are. http://seniorhousing.state.ny.us/questions/q14.htm It states it's federal law. |
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