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She proved her intelligence today. I got her a hoop to play with and learn to jump through. As soon as I lifted it a little bit off the ground, she decided it was easier to crawl under it.
Persons with disabilities have an equal right to housing as those without disabilities. It is illegal for a landlord to deny housing to a person because that person, or someone associated with that person, has a mental or physical disability.
Medical professionals have long recognized that animals can assist persons with physical disabilities, such as assisting blind or deaf persons. Recently, medical professionals have discovered the profound effects that animals can provide for persons with mental disabilities. Unfortunately, if a person rents housing, landlords are given the right to restrict a tenant’s ability to keep an animal in his or her rental unit.
However, federal laws allow persons with certain special needs, such as the mentally disabled, to keep an animal in a rental unit despite a "no pets" provision. This is because disabled persons are entitled to reasonable accommodations under federal statutes. Courts have held that a waiver of a "no pets" provision is a reasonable accommodation for a mentally disabled person who needs an emotional support animal to lessen the effects of his or her disability. If a landlord fails to allow an emotional support animal in rental housing for a person who qualifies under the statutes, the landlord violates the statutes and could owe damages to the disabled tenant.
To qualify under the statutes, a person must have a qualifying disability, the landlord must know that the tenant has a disability, waiving a "no pets" policy must be necessary to allow the tenant an equal opportunity to use and enjoy the dwelling, and the landlord must refuse to waive the "no pets" policy.
Mental disabilities, such as mental retardation, mental illness, and special learning disabilities, qualify under the federal statutes. Also, the mental impairment must affect the person’s ability to perform major life activities such as caring for one’s self, walking, or working.
The tenant must request a waiver of the "no pets" policy from the landlord, explaining that he or she has a mental disability and needs the emotional support animal to lessen the effects of the disability. A note from a physician to this effect is often used to inform the landlord of the disability and request the accommodation. Mere emotional distress that would result from having to give up an animal because of a "no pets" policy will not qualify under federal law. Instead, there must be a link between the animal and the disability.
Even if a person qualifies for a reasonable accommodation under the statutes, a landlord does not have to waive a "no pets" policy if doing so would cause a great financial or administrative burden, if a "no pets" rule is a fundamental part of the housing program, or if the disabled person is not able to follow general rules of tenancy. However, to date, a landlord has not been able to refuse waiving a "no pets" policy to a qualifying mentally disabled person because of any of the above reasons.
In addition, if a tenant compromises the safety of other tenants or their property, or if the animal poses a danger to other tenants, the tenant does not qualify under the statutes and the landlord does not have to allow the tenant in housing or waive a "no pets" policy.
Persons with disabilities have an equal right to housing as those without disabilities. It is illegal for a landlord to deny housing to a person because that person, or someone associated with that person, has a mental or physical disability.
Medical professionals have long recognized that animals can assist persons with physical disabilities, such as assisting blind or deaf persons. Recently, medical professionals have discovered the profound effects that animals can provide for persons with mental disabilities. Unfortunately, if a person rents housing, landlords are given the right to restrict a tenant’s ability to keep an animal in his or her rental unit.
However, federal laws allow persons with certain special needs, such as the mentally disabled, to keep an animal in a rental unit despite a "no pets" provision. This is because disabled persons are entitled to reasonable accommodations under federal statutes. Courts have held that a waiver of a "no pets" provision is a reasonable accommodation for a mentally disabled person who needs an emotional support animal to lessen the effects of his or her disability. If a landlord fails to allow an emotional support animal in rental housing for a person who qualifies under the statutes, the landlord violates the statutes and could owe damages to the disabled tenant.
To qualify under the statutes, a person must have a qualifying disability, the landlord must know that the tenant has a disability, waiving a "no pets" policy must be necessary to allow the tenant an equal opportunity to use and enjoy the dwelling, and the landlord must refuse to waive the "no pets" policy.
Mental disabilities, such as mental retardation, mental illness, and special learning disabilities, qualify under the federal statutes. Also, the mental impairment must affect the person’s ability to perform major life activities such as caring for one’s self, walking, or working.
The tenant must request a waiver of the "no pets" policy from the landlord, explaining that he or she has a mental disability and needs the emotional support animal to lessen the effects of the disability. A note from a physician to this effect is often used to inform the landlord of the disability and request the accommodation. Mere emotional distress that would result from having to give up an animal because of a "no pets" policy will not qualify under federal law. Instead, there must be a link between the animal and the disability.
Even if a person qualifies for a reasonable accommodation under the statutes, a landlord does not have to waive a "no pets" policy if doing so would cause a great financial or administrative burden, if a "no pets" rule is a fundamental part of the housing program, or if the disabled person is not able to follow general rules of tenancy. However, to date, a landlord has not been able to refuse waiving a "no pets" policy to a qualifying mentally disabled person because of any of the above reasons.
In addition, if a tenant compromises the safety of other tenants or their property, or if the animal poses a danger to other tenants, the tenant does not qualify under the statutes and the landlord does not have to allow the tenant in housing or waive a "no pets" policy.
WOW You brought up a 5 YEAR old thread! WHY? DID You even Read the Posts.....
WOW You brought up a 5 YEAR old thread! WHY? DID You even Read the Posts.....
Person added value to a post. Does it matter that its old, no. The rules allow for this as long as it's on topic, bumping it to bump it is agaisnt the TOS kinda of like your post.
IF you are training your dog for your personal Service Dog You Should NOT also train as a Theraphy dog to Others! What IF you NEED him & hes paying attention to some one else? No Good! Yes I had Both Theraphy Dog I taken to Visit Nursing Homes I Also have Service Dogs to assit me.
While I agree that a service dog should concentrate on his job and his owner, some dogs can multitask and some can't.
I've seen a medical alert dog break off from group doggy play day and run to do his job and persist until it was done before going back to play. So some of them never stop working even when they are technically off the clock. It appears that Peanut is one of those dogs with one eye on his job even when he is playing.
Myself, if I needed a service dog, I would want the dog focused on his job and wouldn't want to risk finding out what the dog's priorities were at a time I really needed him.
WOW You brought up a 5 YEAR old thread! WHY? DID You even Read the Posts.....
Quote:
Originally Posted by Gene Starwind
Person added value to a post. Does it matter that its old, no. The rules allow for this as long as it's on topic, bumping it to bump it is agaisnt the TOS kinda of like your post.
Frankly, Starwind, I think you are wrong. Amenius101, afaic, was not on topic, and did not bring forth sufficient reason to resurrect an ancient post. While I agree with the text of what amenius101 posted, it was not appropriate to post it in this thread, since it was, at best, only marginally pertinent. It should have been posted as an original thread, although, based on the character of what was written, I have to wonder if this post was not a test by a spammer to see what the forum response might be. I would not doubt that the text of the post was plagiarized from another source. Of course, I could be mistaken, but something about this post does not pass the smell test.
Frankly, Starwind, I think you are wrong. Amenius101, afaic, was not on topic, and did not bring forth sufficient reason to resurrect an ancient post. While I agree with the text of what amenius101 posted, it was not appropriate to post it in this thread, since it was, at best, only marginally pertinent. It should have been posted as an original thread, although, based on the character of what was written, I have to wonder if this post was not a test by a spammer to see what the forum response might be. I would not doubt that the text of the post was plagiarized from another source. Of course, I could be mistaken, but something about this post does not pass the smell test.
Its ok that you are wrong but keep posting off topic replies to pontificate how you are wrong. At least we get to see how thought process on being wrong. Mildly entertaining
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Support Dogs allowed - waive a "no pets" policy
