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A companion animal IS protected in housing under the FHA Act if it meets the requirements of the Act. The Act includes ALL ANIMALS that meets the requirements, and is not based on terminology, type, training, etc... It is based on NEED!
Service Animal is a terminology used to describe a specific type and use of an animal under the Americans with Disability Act (ADA) which is not what covers private rental housing!
People need to rad the FHA Act and stop confusing it with the ADA.
If a companion animal meets all the requirements under the FHA Act and the accommodation request is otherwise not exempted by regulations, it is an Assistance Animal under the act and is 100% protected.
Where did you read that? OP keeps quoting Service animal stuff, so where did you find yours? And it seems like there is lots of exceptions, so again, it is quite wishy washy, there are a lot of "if's"
Where did you read that? OP keeps quoting Service animal stuff, so where did you find yours? And it seems like there is lots of exceptions, so again, it is quite wishy washy, there are a lot of "if's"
Quote:
Originally Posted by oh-eve
Can you quote the part with the companion animal? All I see is SERVICE animal.
Assistance animal and service animal and companion animal (NOT PROTECTED) are three different categories.
Once again, if you read the document, you would clearly see it's discussing animals in Government Sponsored Housing which because it is government, is also covered by the ADA. The linked document is providing guidance for those with Government housing or Government assistance which is why the ADA applies. In normal private rental housing, the ADA only covers the public areas of the property, not the tenant or their rental unit.
In PRIVATE (non government supported) housing, the ADA does not apply, the Fair Housing and Amendments Act which covers Assistance Animals. Assistance Animals under the FHA Act is ANY Animal for ANY Need that meets the requirements. So for the FHA Act a Service Animal, an Emotional Support Animal, a Task Enables Animal, a Comfort Animal, a Psychiatric Support Animal, an Alerting Animal and any other animal that can meet the requirements is an Assistance Animal with full protections under the law.
I can't belive how hard this simple thing is for people to get straight!
In Los Angeles anyway, a LL can refuse to rent to an owner of a pet. But if there is a "No pets" clause in the rent contract it is immediately void and the owner can move the pet in even if they say they initially they don't have a pet and the LL can't do anything about it!
In Los Angeles anyway, a LL can refuse to rent to an owner of a pet. But if there is a "No pets" clause in the rent contract it is immediately void and the owner can move the pet in even if they say they initially they don't have a pet and the LL can't do anything about it!
But that website is promoting the scamming of the system.
They are offering the documentation a person needs to accompany their Reasonable Accommodation Request under the FHA Act. Essentially they are selling paperwork. However, the tenant can;t just move in with that animal, the law requires they Request a Reasonable Accommodation and that is when the landlord has the opportunity to review, verify, seek confirmation and otherwise do their own due diligence. Once the landlord completes the due diligence, they must either approve or disapprove the request. It's only at this point can a tenant be allowed to move their animal in.
Ca Civil and Penal Codes do no impose any greater rights for a Reasonable Accommodation Request beyond what the FHAA requires. CA Codes do place a greater requirement on the actual approval of a Reasonable Accommodation Request when the facts and circumstances are obvious or known only as it relates to Service Animals classified under the ADA. However, if that Service Animal's purpose is not obvious or known, they follow the exact same processes and procedures as all other Reasonable Accommodation Request for any other Assistance Animal under the FHAA.
But that website is promoting the scamming of the system.
They are offering the documentation a person needs to accompany their Reasonable Accommodation Request under the FHA Act. Essentially they are selling paperwork. However, the tenant can;t just move in with that animal, the law requires they Request a Reasonable Accommodation and that is when the landlord has the opportunity to review, verify, seek confirmation and otherwise do their own due diligence. Once the landlord completes the due diligence, they must either approve or disapprove the request. It's only at this point can a tenant be allowed to move their animal in.
Ca Civil and Penal Codes do no impose any greater rights for a Reasonable Accommodation Request beyond what the FHAA requires. CA Codes do place a greater requirement on the actual approval of a Reasonable Accommodation Request when the facts and circumstances are obvious or known only as it relates to Service Animals classified under the ADA. However, if that Service Animal's purpose is not obvious or known, they follow the exact same processes and procedures as all other Reasonable Accommodation Request for any other Assistance Animal under the FHAA.
I think OP erroneously used the term 'companion' animal when she meant 'emotional support'.
Emotional support pets would be exempt from the usual deposit fee. In order to be exempt you would need to provide written documentation that the animal is for emotional support for a medical condition.
However, there is no law that requires a landlord to refund monies paid if the tenant failed to disclose their need for accommodation at the outset of the lease. You could get back the deposit (as that is held in escrow anyway) and avoid paying future pet rent, but you can't get back the past rent.
Also, you are responsible for damage to your unit, whether caused by a 'pet' or otherwise. ADA is very clear on this matter--you are not exempt from responsibility to repair damage caused by your ESA. As others have said, your animal is essentially a medical device. But if you had a wheelchair and scraped up the walls with it, you would be required to pay for repairs. So too with an ESA. Expect at a minimum to pay a heft cleaning fee upon move out.
As others have said, you are also not exempt from the behavior of your pet. You may be permitted to take your pet where they would otherwise not be allowed--into the pool area for example. But you would be responsible for cleaning up after it, and for making sure it could swim and wore a lifejacket, and that it didn't jump up on children or bite people.
I think OP erroneously used the term 'companion' animal when she meant 'emotional support'.
Emotional support pets would be exempt from the usual deposit fee. In order to be exempt you would need to provide written documentation that the animal is for emotional support for a medical condition.
However, there is no law that requires a landlord to refund monies paid if the tenant failed to disclose their need for accommodation at the outset of the lease. You could get back the deposit (as that is held in escrow anyway) and avoid paying future pet rent, but you can't get back the past rent.
Also, you are responsible for damage to your unit, whether caused by a 'pet' or otherwise. ADA is very clear on this matter--you are not exempt from responsibility to repair damage caused by your ESA. As others have said, your animal is essentially a medical device. But if you had a wheelchair and scraped up the walls with it, you would be required to pay for repairs. So too with an ESA. Expect at a minimum to pay a heft cleaning fee upon move out.
As others have said, you are also not exempt from the behavior of your pet. You may be permitted to take your pet where they would otherwise not be allowed--into the pool area for example. But you would be responsible for cleaning up after it, and for making sure it could swim and wore a lifejacket, and that it didn't jump up on children or bite people.
Exactly. Too many people think they are "exempt" from everything. I consulted with a Homeowner's Association regarding one of their residents who claimed that his ESA dogs were exempt from leash laws, as long as they were "under control". (I got involved after he was confronted with the laws regarding this, and his claim changed to them having "invisible leashes".)
does all this apply if I am the owner of a house renting out one of my bedrooms?
If this is your house and only renting out a room while you still live in the home, you are exempt under the FHAA. So, federal law will not apply.
However, you need to read your State law. Some states have imposed a required under their state law that ALL landlords must comply with the FHAA under state law. So, you may be exempt from HUD or the DOJ coming after you but you can be whapped under state law if it requires you to obey the FHAA.
This is also a major confusion as people assume the FHAA (rightfully) is federal with exemptions, but a state can under their own laws require a landlord to obey FHAA. This is why there is confusion when people cross state lines and what they are use to no longer applies.
In other words, while you may be able to get away with paying no future monthly pet fee, what you have paid to date is gone and you are not entitled to a refund of it. The pet deposit might be a different story.
And what if there already was a disability diagnosis for the last several years? If a tenant has been paying what she technically was not supposed to, why it should not be refunded? Maybe the tenant just did not know her rights because of some valid reasons (like her disability)?
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