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But why is it reasonable accommodation assumed in places of business?
Because there are TWO (2) Laws and people constantly confuse them over terminology!
The Americans with Disabilities Act is not the Fair Housing Act. Under FHA, the correct terminology is "Assistance Animals" which covers ALL animals protected under the law. Service Animals is only one of the type of protected animals under FHA. As it relates to rental housing, the ADA only applies to public areas (entrances, elevators, hallways) but stops at the rental unit and lease or if it's a government or government financially supported housing. Otherwise the ADA basically means squat in rental housing.
Unfortunately, way too may people just can't keep those two laws separate. It has becomes so mixed up that HUD in it's last information release, removed the word "Service Animal" in the definition of "assistance animal" and actually wrote out the description. So, how the ADA applies to a business is meaningless with how the FHA applies to housing!
Yes, it is discrimination against people with disabilities. Would you be saying the same thing if someone said they didn't allow wheelchairs in their place and that they needed to go elsewhere? What about canes? Insulin pumps? Hearing aid? Chances are for most people the answer would be no. They'd understand that to be discrimination against the disabled.
I do not have an antagonistic attitude. I walk into a place, polite and respectful and identify the dog as a service animal. When told to leave I walk out. I will begin filing complaints and following up on these people because I'm sick of it. I have spent years paying the dog fees and letting slumlords treat my dog as if he's some pet instead of a service dog. Enough is enough. I'm tired of the discrimination. Slumlords seem to think that I woke up one day and happily decided to join the military so I could become disabled and live a ****ty life after. Screw them. I can't do anything to change the system, but I can make a slumlord's life at least the teeniest bit uncomfortable if s/he chooses to discriminate against the disabled.
Let me point out some information you and everyone who bring up this argument do not understand when it comes to housing accommodations and physical disabilities. I am one of those people who needs modifications to most homes in order to be able to live there comfortably, the reality is I am literally incapable of living independently in most standard homes or apartments with a typical layout. The modifications I need are not really optional if I want to be an independent, fully functioning person.
My husband was in the military so we moved a lot. Government owned housing, including military housing, has to make accessible housing available for me at no cost (although they got to decide in which housing), however, sometimes I had to rent places from private landlords because there was no available housing. I know the drill, and it is anything but fun or affordable. While landlords are required to let ME make the arrangements and pay for my reasonable accommodations they are allowed to request exemption if it will create a hardship for them, and trust me, that bar for a physical modification to private property to be considered unreasonable is very low. If the landlord doesn't fight me on the modifications I was allowed to make them at my own expense and, while my husband was allowed to do the modifications himself, I had to first get an estimate from a professional the landlord and I both agree on of what it would cost to return the property to it's original state. I had to put that amount into an escrow account. It more or less operates as a deposit on steroids. Did I mention rent starts the day you start making the modifications, not the day you move in? Because we usually paid rent for a week or two before I could even move in. The last time I rented, between the modifications and the escrow account, I was required to make an initial outlay of over $10,000. Only if I am lucky will the landlord not require me to return the place to its original state and I will be refunded that money at move out. Fortunately, and in part because I have sought out willing compassionate landlords, I have always had landlords that allowed the modification to remain so they refunded me the escrow funds. Nonetheless, I still have always had to lay out a couple of thousand dollars just to make my home livable that non-handicapped people, probably including you, never have to. In a way it seems unfair, but it wouldn't be fair to shift that extra expense to the landlord either.
If you want your service dog to be treated like a wheelchair in rental housing, unless it is government owned or leased property, you would need to pay a special deposit, the landlord could restrict which units you can have your dog in, the landlord can request an exemption that is almost always approved, and you would have to pay to make the property usable for your dog prior to first moving in.
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I'm obviously not going to seek out housing where my dog can't even poop safely! I figured that went without saying....
Sorry, I'm not concerned about 'bothering' other people. I've done that enough. Many disabled folks who use medical equipment are constantly worried about how it affects others, to the point that we suffer. It's unfair and unnecessary. If simply the appearance of my service dog 'bothers' someone, oh well.
It's like a no win situation for the disabled. Be upfront and be discriminated against. Don't be up front and be miserable. Or just pretend your medical equipment is a pet and pay exorbitant fees, which only serve to kick you when you're down. It starts to feel really hopeless after a while.
This made me think about how some types of disabilities can get in the way of taking care of the dog. I mean like if you're blind but live independently, how can you be sure where the dog is pooping so you can pick it up?
Personally I think even if the place has a no animal rule it can't go against the ADA because a service dog performs a necessary function and the person can't help that so they have to allow the dog.
I'd be honest and up front with the landlords and know the laws and make sure they did, too. I think it's a good sign that you want to make sure all bases are covered so you have a good stay there and no reason for anyone to complain. Good luck!
Because there are TWO (2) Laws and people constantly confuse them over terminology!
The Americans with Disabilities Act is not the Fair Housing Act. Under FHA, the correct terminology is "Assistance Animals" which covers ALL animals protected under the law. Service Animals is only one of the type of protected animals under FHA. As it relates to rental housing, the ADA only applies to public areas (entrances, elevators, hallways) but stops at the rental unit and lease or if it's a government or government financially supported housing. Otherwise the ADA basically means squat in rental housing.
Unfortunately, way too may people just can't keep those two laws separate. It has becomes so mixed up that HUD in it's last information release, removed the word "Service Animal" in the definition of "assistance animal" and actually wrote out the description. So, how the ADA applies to a business is meaningless with how the FHA applies to housing!
Ok, the disabled folks need to stop beating up on each other. This is enough of a hot-button issue without battering each other. JFC - the hysterical accusations flying around this thread are beyond ridiculous.
Technically, the OP does not have to tell their landlord squat. They've got a service dog. Said dog is technically a medical necessity, not a pet. The dog is an aid to help the handicapped person live something closer to an able-bodied life. If the dog destroys property or disrupts the general environment, the landlord can proceed with eviction or demand that the dog be removed from the property. But the dog is considered to be a part of the person it is serving - do you need to let your landlord know you have a prosthetic leg? Nope. And if it's a properly trained service dog, no one will even know it's there. Letting a landlord know a legitimate service dog is going to be living in the rental is a courtesy, not a requirement. And it is not dishonesty to leave that out of any applications. The owner can judge if the environment is appropriate for the dog - that is their responsibility, not the landlord's.
There is nothing wrong with not having your dog with you all the time. My ex-roommate only brought her dog into situations where she knew she was likely to need her, just like she only takes Vicodin on days when she needs it rather than every day. This is common. My buddy with MS also only uses his handicapped placard on bad days, as did my friend with CF. Similarly, my ex-roommate only uses a wheelchair when she is facing a long walk on a shopping trip - doesn't mean it's not necessary. Try to have her make it through what I consider a normal day without anything to assist her, and she'll be collapsed in agony halfway through.
And NO, there is nothing wrong with putting a service dog in a crate or a long leash. They are dogs - this is standard and not inhumane. They do not ascend to some higher plane of evolution just because they're service dogs. They still can find comfort in crates and shouldn't be allowed to roam.
The bolded is not true. They are required by law to make the accommodation, but the accommodation must first be asked for. Also, there is an exception to some service dogs. If it's a breed that the LL's insurance will not cover, for instance, that is considered an undue burden, not a reasonable accommodation.
The bolded is not true. They are required by law to make the accommodation, but the accommodation must first be asked for. Also, there is an exception to some service dogs. If it's a breed that the LL's insurance will not cover, for instance, that is considered an undue burden, not a reasonable accommodation.
I'd be curious to know if that was true or not.
Because I do know that my work dog (considered an aggressive breed) is allowed anywhere I go. Including living in a house I own plus a place I had to rent in another state at the same time. My insurance has a third party company that will call and send a letter to make sure my policy info is up to date. It does ask about type of breeds. I ignore it and haven't had an issue.
Because I do know that my work dog (considered an aggressive breed) is allowed anywhere I go. Including living in a house I own plus a place I had to rent in another state at the same time. My insurance has a third party company that will call and send a letter to make sure my policy info is up to date. It does ask about type of breeds. I ignore it and haven't had an issue.
I can assure you it is true. REASONABLE accommodation is the law. It's not reasonable if THEIR insurance will drop them over having certain breeds.
It is not cruel to leave dogs for a short time in cars as long as it isn't too cold or hot. Many people can and do separate from their service dogs sometimes. For some, in fact, that can be an indication the person is getting better, especially for psychiatric.
Say a person has PTSD. Well, PTSD isn't expected to last forever. So one will usually not need their dog all the time forever unless they are not improving.
Last edited by Oldhag1; 12-30-2017 at 03:34 AM..
Reason: Removed deleted quote
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