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You cannot require documentation. The following summarizes the Department of Justice, Office for Civil Rights guidelines.
Q: What is a service animal?
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.
Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. Guide dogs are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:
_ Alerting persons with hearing impairments to sounds.
_ Pulling wheelchairs or carrying and picking up things for persons with mobility impairments.
_ Assisting persons with mobility impairments with balance.
A service animal is not a pet.
Q: How can I tell if an animal is really a service animal and not just a pet?
A: Some, but not all, service animals wear special collars and harnesses. Some, but not all, are licensed or certified and have identification papers. If you are not certain that an animal is a service animal, you may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is going to a restaurant or theater is not likely to be carrying documentation of his or her medical condition or disability. Therefore, such documentation generally may not be required as a condition for providing service to an individual accompanied by a service animal. Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability
Poster's Note: the ADA is clear that you may ask if a service dog is a service dog, and if the person is disabled. You may NOT ask the nature of the person's disability, or require documentation of any certification. The ADA also applies to non-disabled persons training or in control of a service dog.
I understand what you have posted and thank you...
The problem is in the details... I'm not qualified to diagnose a Medical Condition... so there is no way for me as a lay person to ascertain any of the criteria without documentation... such as if the service animal is trained to provide assistance or if the person is disabled...
Just pointing out a real world problem of providing Housing.
Today... more than ever, city state and local agencies are putting pressure on rental owners and in some cases holding them civilly and/or criminally liable for acts the property owner can do little about...
A broad interpretation would mean that anyone, at anytime by virtue of claiming a disability could have/keep an animal on the premise... irregardless... in fact the person would not even half to be disabled using the training clause and the animal would not have to be trained... only the intent to train.
Once a animal is allowed... it could be viewed as discriminatory not to allow others... again this is why the certification movement started and is wholly supported by local Apartment Owner Associations... a service animal is NOT a pet.
The Certification Program came about as a method to insure those needing assistance are not prevented from obtaining it.
My insurance company and many others here in CA have taken a strict view on animals since the mauling death of a San Francisco woman... German Shepherds are on the list... the problem is I'm also not an expert on breeds of dogs... so what's a responsible owner to do
The ADA also state Property Owners may not unreasonably with hold permission from a disabled tenant to make modifications to the unit... it also says the tenant is responsible for the cost and restoration to pre modified condition...
I wonder if higher Insurance Premiums fall under the reasonable accommodation clause?
Same thing with Daycare operated out of a rented home... CA passes a law making it legal to operate this type of business... no told the insurance companies they cannot cancel... so many have...
I work in a Hospital and we limit service animal access... you wouldn't believe that some will insist their Service Animal be with them in the Operating Room... so there are definite limits when it comes to safety...
You wouldn't happen to know the penalties for misrepresenting one self as disabled or a pet as a service animal?
Public Transportation agencies require disabled persons requesting free or discounted transit passes to provide proof of disability just as the Department of Motor Vehicles... the cost of the pass varies by the level of disability.
Last edited by Ultrarunner; 10-19-2009 at 02:52 PM..
We only rent here because they allow dogs. We moved to a new village to find a place to live with our dog.
That being said, we have some idiotic neighbors who DO NOT clean up after their little scrappies. I love dogs but I do not love my neighbors who let their dogs roam free. I don't want to step in dog feces or be attacked (or have my dog attacked) by your dog.
These are the ones who make landlords say 'Enough.'
You cannot require documentation. The following summarizes the Department of Justice, Office for Civil Rights guidelines.
I think you're misinterpreting the guidelines. I believe that it is saying you can't require documentation in order for the person to bring their dog into stores, restaurants, et cetera.
It does not say a landlord cannot ask to see the documentation before leasing a home to the tenant. As quoted here:
"Although a number of states have programs to certify service animals, you may not insist on proof of state certification before permitting the service animal to accompany the person with a disability"
That sounds pretty clear to me that they're referring on a day to day accompaniment of the animal with the owner, out in public life, NOT a rental.
I do believe that if you read much further into the Federal statutes there are certain exemptions which are quantified by the number of rental units a particular "landlord" is renting.
I've never told my landlord I've had cats, and I have never ever had a problem with cats destructing anything.
I kind of hinted to my leasing agent within the apt complex my gf may move in and bring her cats so put me in the building that allows pets. He told me don't worry about it, cats are not a big concern just never tell anyone you have them and they should be fine.
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