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It isn't nearly as easy as you are implying before someone thinks they can try this - it is actually a very difficult process to make this happen - and if someone went thru the hoops (getting a Doctor to sign off and all the documentation) I'd certainly kick them to the curb when the lease term was up - and they would never get a reference.
One of my neighbors got her cat certified as a service animal via an Internet website.
Our previous management company told us, collectively, that we should not question animal owners or ask for any proof that they are certified, as it could be libelous.
QUOTE: Under the ADA, a public accommodation may not ask you questions about your disability or demand to see certification, identification, or other proof of your animal's training or status. If it is not apparent what your service animal does, the establishment may ask you only whether it is a service animal, and what tasks it performs for you.
One of my neighbors got her cat certified as a service animal via an Internet website.
Our previous management company told us, collectively, that we should not question animal owners or ask for any proof that they are certified, as it could be libelous.
QUOTE: Under the ADA, a public accommodation may not ask you questions about your disability or demand to see certification, identification, or other proof of your animal's training or status. If it is not apparent what your service animal does, the establishment may ask you only whether it is a service animal, and what tasks it performs for you.
We were also told by management and our attorneys that we should remove our security cameras, again because of liability.
Let's start with - rentals are not considered public accommodation. An example would be a restaurant.
Specifically - a landlord can require an owner must obtain documentation from a physician, psychiatrist, social worker or other mental health professional that the animal provides support that mitigates at least one identified symptom of the disability. In doing so, however, it is important to note that the owner need not disclose the specific details of the disability nor provide a detailed medical history to the association.
And any landlord should do reference checks to see if they are going to be a poor renter.
One of my neighbors got her cat certified as a service animal via an Internet website.
Our previous management company told us, collectively, that we should not question animal owners or ask for any proof that they are certified, as it could be libelous.
QUOTE: Under the ADA, a public accommodation may not ask you questions about your disability or demand to see certification, identification, or other proof of your animal's training or status. If it is not apparent what your service animal does, the establishment may ask you only whether it is a service animal, and what tasks it performs for you.
We were also told by management and our attorneys that we should remove our security cameras, again because of liability.
Cats are disallowed from “Service Animal” status. In fact, ONLY dogs, and in certain cases ‘miniature horses’ (yes really) are eligible for the protected “Service” status. ALL other animals were disallowed from the class many years ago. Internet websites can sell anything. But they’re not accepted by the courts.
Cats are disallowed from “Service Animal” status. In fact, ONLY dogs, and in certain cases ‘miniature horses’ (yes really) are eligible for the protected “Service” status. ALL other animals were disallowed from the class many years ago. Internet websites can sell anything. But they’re not accepted by the courts.
Agreed - and if a landlord got duped by an internet scam - then that is on the landlord.
Most renters could probably get away sneaking in a cat and not getting caught until they move out - but when the landlord sues you for damage, expect the Judge to side with the landlord.
Want an animal - respectfully ask your landlord with an offer to increase your monthly rent and have some ethics.
People pretend they have no pets to get in the door, then bring in a dog and claim it as a support animal.
This strategy works, and we often have a dog or two in my building even though it is officially a "no pet" property. Lately, tourists have been feeding feral cats around here, and I'm hoping we can avoid having a colony develop.
Has anyone else noticed that the homeless often have a dog or two? They seem to always have enough money for cigarettes, alcohol, drugs, and dog food.
They aren't pretending to have no pets. It is a support animal and not a pet in the eyes of the law. The law distinguishes the difference and that is all that matters.
It isn't nearly as easy as you are implying before someone thinks they can try this - it is actually a very difficult process to make this happen - and if someone went thru the hoops (getting a Doctor to sign off and all the documentation) I'd certainly kick them to the curb when the lease term was up - and they would never get a reference.
So you are saying you discriminate against people with emotional support animals for their disabilities? This maybe a good way to find yourself in violation of the ADA.
Why? Usually the homeless who do have dogs seem to be very caring and loving of their pets. I don't see the problem.
Pretty much, yes.
Quote:
Originally Posted by Cyberpunk1981
They aren't pretending to have no pets. It is a support animal and not a pet in the eyes of the law. The law distinguishes the difference and that is all that matters.
Actually, no the law doesn’t …
Quote:
Originally Posted by Cyberpunk1981
So you are saying you discriminate against people with emotional support animals for their disabilities? This maybe a good way to find yourself in violation of the ADA.
Again, no.
The ADA has provisions for *Service Animals* for certain persons. … It does not provide protection for use of ‘emotional support animals’.
Q3. Are emotional support, therapy, comfort, or companion animals considered service animals under the ADA?
A. No. These terms are used to describe animals that provide comfort just by being with a person. Because they have not been trained to perform a specific job or task, they do not qualify as service animals under the ADA. However, some State or local governments have laws that allow people to take emotional support animals into public places. You may check with your State and local government agencies to find out about these laws. https://www.ada.gov/regs2010/service_animal_qa.html
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