U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Pets > Dogs
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
 
Old 12-01-2013, 09:31 PM
 
1,062 posts, read 885,821 times
Reputation: 812

Advertisements

Hi, this is just a quest for education not to start a controversy please.

My apartment building suddenly started allowing Pit Bulls IF the owner has a doctor note that they are used as service dogs. I found this out as I started seeing more pits in our dog friendly apartment complex and asked management about it. I was told they still have to pass the "dog interview" and if it bites anyone then the dog owning tenants have to vacate the apartment.

Just wondering, do all service dogs have to be trained a certain way and have a particular license? Or can a dog be classified as "service" if all the person has to do is tell their doctor that having the dog is good for their health, physical, mental, emotional?

Just curious, thanks.
Quick reply to this message

 
Old 12-01-2013, 09:53 PM
 
Location: St. Louis, MO
2,342 posts, read 1,454,689 times
Reputation: 3298
No, they do not have to have a particular license. From the ADA website:

Quote:
A: The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government.
Commonly Asked Questions About Service Animals in Places of Business
Quick reply to this message
 
Old 12-01-2013, 11:54 PM
 
2,228 posts, read 1,643,668 times
Reputation: 3151
Quote:
Originally Posted by Podo944 View Post
Hi, this is just a quest for education not to start a controversy please.

My apartment building suddenly started allowing Pit Bulls IF the owner has a doctor note that they are used as service dogs. I found this out as I started seeing more pits in our dog friendly apartment complex and asked management about it. I was told they still have to pass the "dog interview" and if it bites anyone then the dog owning tenants have to vacate the apartment.

Just wondering, do all service dogs have to be trained a certain way and have a particular license? Or can a dog be classified as "service" if all the person has to do is tell their doctor that having the dog is good for their health, physical, mental, emotional?

Just curious, thanks.
First, the Americans with Disability Act (ADA) DOES NOT COVER your situation except for the "public areas" of the property. The Fair Housing Act (FHA) covers accomodations for disabled persons in their residence. In addition, the FHA extends Service Animal protections beyond the narrower definition of the ADA which includes Emotional Support Animals. The FHA rules apply to the assistance animals of the tenants in their unit and by extension, anywhere on the property. ADA will only apply to Service Animals on the property but not inside the units (ADA ends at the individual unit entry door). Unlike the ADA, under FHA, property owners are allowed a more broad vetting process which may include a doctor's note in some cases and for some types of animals, and it may require some recognized certification or training in other cases and under certain conditions. You may also have certain state laws that add other protections and requirements.

Both the ADA and FHA are designed to protect the disabled person without regard to implementations. As such, they are two of the most abused laws and many so called "service animals" are fakes.
Quick reply to this message
 
Old 12-02-2013, 03:01 AM
 
863 posts, read 1,077,072 times
Reputation: 1249
Don't focus on the breed, focus on the dogs' behavior. If you see a "service" dog acting untrained or displaying aggressive behavior regardless of breed in any way report your concerns to your landlord or rental company.

Anyone with a legitimate service dog will be appreciative as they despise those that fake service dogs so they can sneak a pet, often one that's poorly trained, into an apartment or other place pets aren't allowed.
Quick reply to this message
 
Old 12-02-2013, 03:22 AM
Status: "Winter is here, burrr" (set 6 days ago)
 
16,487 posts, read 11,977,359 times
Reputation: 15809
There are some different levels of "service dogs" as far as I am concerned. There are dogs such as seeing-eye dogs for the blind and dogs trained to pull along a wheelchair for someone and answer their phone and pick up things and open doors etc. In recent years they have allowed people, with a note from their doctor, to get a dog if the doctor says they need the dog or cat for their mental health. I live in an apartment with a number of these cats and dogs and I am also seeing an increase in these dogs being pit bulls. No, they do not have to be licensed (other than the usually city dog license), and no, they do not have to be trained at all. With a note from your doctor today and the approval of your aparment manager (and with the note they can't deny you) you can go out tonight and buy any dog or puppy you want and you have a "service dog".
Quick reply to this message
 
Old 12-02-2013, 07:40 AM
 
Location: Stuck in NE GA right now
4,552 posts, read 6,281,155 times
Reputation: 6364
I'm wondering if they are getting a therapy dog certificate and then taking it to their docs to get the note. Therapy dogs are great and do a wonderful job visiting the elderly and young and injured, but they require way less training than a true service dog for the disabled.
Quick reply to this message
 
Old 12-02-2013, 07:48 AM
 
Location: Cary/Apex, NC
1,548 posts, read 1,317,287 times
Reputation: 1543
Here's one that is a therapy dog

Bully for her! Elle the pit bull is 2013 American Hero Dog - TODAY.com
Quick reply to this message
 
Old 12-02-2013, 07:57 AM
 
863 posts, read 1,077,072 times
Reputation: 1249
By definition a Service Dog performs a service. That service may be something obvious such as pulling a wheel chair or something not obvious such as alerting to seizures.

But, no matter how sevice dog may be defined, no one has to put up with a dog that is a threat to other dogs or people. And certainly no landlord has to put up with one that destroys property or is not under owner control.

Those things have nothing to do with breed and everything to do with responsible ownership.
Quick reply to this message
 
Old 12-02-2013, 08:59 AM
 
Location: Rural Western TN
6,153 posts, read 9,327,824 times
Reputation: 7963
Rabrrita and Skelaki said it exactly right.

key difference being SERVICE DOGS are TASK TRAINED, theres no official testing or certification process but to be a service dog they MUST be task trained to assist a disabled person with their disability (be that disability visable (seeing eye dog, modbility assistance ect or none visable medical alert and response, seizure doges ect.) and NO there arnt any "levels" of service dog importance...a seeing eye dog has no more or less rights than a medical alert dog...)

EMOTIONAL SUPPORT dogs (dogs who provide therapy for their people by just being there and snuggling (NOT TASK TRAINED) are NOT service dogs and do not have protection under the ADA
THERAPY dogs (dogs who provide comfort to people OHER than their handler (ie visiting a senior living facilty of kids ward at a hospital) are also not considered task trained Service and have even LESS rights thwn ESA (emotional support animlas)

in THIS case as rabrrita mentioned this has nothing to do with the ada...
but the FHA
ESA's are protected under FHA laws, but a doctors note if often required that the individual benefits fomr the company of the animal
Service dogs are protected under a much larger wider scope of the ADA AND FHA...

in this case it sounds like the management has opend up to fhas laws re emotional support animals....

all that ebing said, you said this was already dog friendly housing and seem to have more issue with the fat that some of these ESA animals are Pitbulls...

to answer that question ANY breed can be an ESA or Sevice dog...theres no laws, rules or requirments in terms of breed, and pitties often make WONDERFUL ESA's because they truly love people (I know a good number of pitty therapy dogs too, I personally know 6 who work with a CHILDRENS reading program, they go into schools with under pivledged kids and sit with them while they learn to read ect...
Pits are GREAT dogs, its just certain idiotic individual humans who give the breed a bad name and a perpetual pouring of gasoline by the media keeps it burning.

a service dog can be ANY breed that is task trained to assist their individual owner, and must be of a size to perfume its job correctly...ie a person with hearing problems could have a Chihuahua as a hearing dog....where as someone with mobility assistance might need a giant breed like a dane or newfie...
personally im self training a Doberman as a medical alert/response dog because now my needs have changed some and I need balance support and my retired service dog is a 10lb Chinese crested, wonderful alert/response but cannot help me with balance assitanct or mobility work due to size...

ANY service or ESA dog of any breed should be on good behavior, none disruptive to those around, and of stable temperament...

so in this part:
"I started seeing more pits in our dog friendly apartment complex and asked management about it"
if your apartment building is dog friendly with some minor restrictions sounds like this shouldn't be an issue

in this part:
"Just wondering, do all service dogs have to be trained a certain way and have a particular license?"
a SERVICE dog must be TASK trained to directly help their disabled individual, however there is no legal certification process, training required identification ect

and this part:
"r can a dog be classified as "service" if all the person has to do is tell their doctor that having the dog is good for their health, physical, mental, emotional?"
NO under legal terms if the dog is not TASK TRAINED (ie trained to pull a wheel chair, trained to preform a specific thing if someones blood sugar dops, trained to pull clothes out of the dryer, trained to fetch medication, check rooms, flip lightswitches ect) then the dog is not a SERVICE DOG

if this dog however is "working" for someone with a mental issue not been trained to task but provides comfort (cuddling ect) then IF the patients dr says they have these issues the dog can be considered an Emotional Support Animal (ESA)

Service dogs have rights under the ADA and FHA and can go anywhere with their handlers with very few limits...
ESA's have rights only under the FHA and are ONLY protected in housing situations they CANNOT accompany their handlers to public places like a task trained service dog can.

please also note that theres a huge difference between a psychiatric service dog (a service dog for a handler with phsychiatric disabilities that has been TASK TRAINED to assist their handler, ie a PTSD dog, who might be trained to "clear rooms" turn on lights and interrupt dissasociative behaviours during anxiety attacks, or a dog trained for a handler with severe ocd that's been trained to interrupt repatative behaviours)
and an emotional support animal who while is handled by someone with a mental disorder (typically milder than those requiring a psych service dog) is not trained to preform specific tasks to assist the handler and whos sole job is to provide comfort by simply being there.
Quick reply to this message
 
Old 12-02-2013, 09:21 AM
 
Location: Chicago area
4,348 posts, read 4,971,762 times
Reputation: 6603
Aren't all dogs service dogs of some degree?

That is why we have them they provide a service to their owners. My two poodles provide emotional support, security, amusement, encourage me to go outside and exercise with them...
Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:
Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Pets > Dogs
Similar Threads

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top