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No, you can not refuse a legitimate service dog. The problem is that there are so many illegal or pretend "service animals" that it can be a problem for owners of legitimate service dogs. I just wanted to make sure that the OP was getting legitimate training for the dog and following all of the laws & rules and planning ahead to all environments. The OPs question was about apartment living but I wanted to point out that one year or five years from now they may be in a completely different apartment complex or a completely different situation and they should plan ahead.
My niece works in a large public library that welcomes legitimate service animals. But, they have encountered dozens of possibly non-legitimate service/comfort animals in recent years and they are not allowed to do anything but ask if they are "service animals" (they have to use a very specific wording).
They have had everything from large, growling, snapping, barely under control dogs that terrorized both staff & other library patrons during their visit, to tiny, scared, whimpering "purse dogs", to a "service boa constrictor", to a "service parrot", to a "service guinea pig" at the library where she works.
Now that there are so many websites where you can just send in money and you receive an "official" certificate for your animal and "official" banner/coat for your animal to wear in public, without having any training at all or letter from a doctor that some people just skip the steps that they need to take to have a legitimate service animal.
I did not want to imply that the OP would cheat, but I wanted to make sure that the OP followed the rules so that his child could receive the benefits that he needs, because there are people who do cheat and that makes it bad for everyone.
Quote:
Originally Posted by willow wind
Legally, the large growling, snapping dog can be asked to leave. This is not suitable behavior for a service dog. Any animal which endangers the public is not a service animal. They can be removed.
Legally, only dogs and sometimes miniature horses are service animals. Other critters are not. Emotional support pets - snakes, turkeys, guinea pigs, etc. are not service animals. They have no legal status in public places like libraries. They don't have to be admitted into places of public accommodation. They only have legal status in housing.
The library is very confused. They should get good clarification as to what animal is what.
I do not want to high jack this thread, but I did want to comment.
The library is not confused. The staff does know that animals other than dogs & miniature horse can not be official service animals, but so many people strongly, vocally, forcefully demand that their "comfort" animals and "support" animals have the same legal rights as legitimate "service animals". Since a public library deals with customer service and public goodwill the staff feels that they have to really, really error on the side of caution when dealing with library patrons (taxpayers in their community).
The man with the "service parrot" comes to the library several times a month, but now he gets up and leaves when he sees the head librarian coming over to talk to him. But, why should he be in a public library at all with a bird?
BTW, at least one time the library staff needed to call the police when a patron with a large, out of control "service" dog refused to leave the children's library. Apparently, it was absolute bedlam. The woman insisted that legally she could take her "service dog" any place where she wanted to take the dog. (it was pretty clearly NOT acting like a trained service dog that time and the police reported back to the library that the woman had lied about it being a service dog and it was just a regular pet dog).
Last edited by germaine2626; 03-17-2016 at 06:55 PM..
This is the problem in my short tenure... property owners are slowly losing the right to make rational decisions concerning their property.
It is not just service animals... it is rent control, laws that allow onsite business ventures such as daycare, medical marijuana, just cause eviction statutes, rent control... etc.
Why should the police have to waste time dealing with issues in the library... they have better things to do and the real kicker is in just about all cases there is little repercussion for lying... even to law enforcement.
I agree that those with legit needs are being lumped into the larger group that simply wants to exploit a loophole by hook or crook.
germaine you can not refuse the dog in a store, restaurant,school. unless the dog dose not stay calm than you can. in school as far as it being a distraction lill jhonny has to ignore the dog. and if your told it is a service dog/animal you can not ask for what.
First, since you are talking about housing, the Americans with Disability Act (ADA) does not apply to your rental unit. So forget about Service Animals and stick to the legal requirements under the Fair Housing Amendment Act (FHA Act) which is what you will be governed by.
Under FHA Act, ANY animal that is deemed necessary for the person to live in their unit and meets the legal definition and documentation for an Assistance Animal (as defined by FHAA), the occupant can ask the landlord for a Reasonable Accommodation under the law to have the animal.
Unlike the ADA, FHAA is not an absolute immediate right but rather a legal requirement for a landlord to accommodate the needs unless they meet certain legal exclusions. So, you don't just bring in the animal as if you have some automatic right, you have to ask for it to be allowed. The landlord is required to accommodate the animal unless they meet a specific legal clause that would allow them to refuse.
Now, unlike the ADA, the landlord has the legal right to ask you for specific documentation to support your request for a Reasonable Accommodation unless the need is so obvious to remove any doubt. Also, unlike the ADA, a landlord can extend a reasonable accommodation based on evidence that would support the need for the animal even if not specifically covered at the moment by FHAA. This is when a landlord allows a animal in verifiable training to reside in the unit even though it may not yet legally meet the definition or other documentation requirements.
You will want to be familiar with FHAA and the documentation requirements and processes, especially since the landlord can ask you a bunch of questions not allowed under ADA and must approve first before you are allowed to bring in the animal.
I live in an apartment complex with my sons and hisband. I just got a Golden Retriever puppy for my son that has Autism and will start training him soon and hired a autism dog trainer to train him to be a service dog for my son. I already told the apartment manager and he required me to bring a note from a doctor prescribing him the dog. So for now he would just be an ESA and eventually a service dog. I am just waiting now on the doctor to give me the letter while my friend is taking care of the puppy in her house. I have read contradicting things online about weight, size and breeds of ESAs and Im worried they won't let me have a golden retriever because it will be a big dog. I have read in some website that as assistance dog can be of any weight, size and breed and others that the landlords can set a limit. What should I do if they tell me I can't have my dog because of his size, weight and breed? I don't want to get rid of him because those are the best dogs to become service dogs.
Why would you get the dog before finding out the answers to these questions from your apartment manager?
Ok everyone keeps talking about service dogs but Im not saying my dog is a service dog. Now he's 2.5 months and it's an emotional support animal that doesn't need to have any training as long as it's prescribed by a doctor or therapists according to fair housing law. Now, I will be training this dog to become a service dog but I will hire a certified autism dog trainer to help me with this.
My question now is the following. I got a letter from my son's therapist recommending he has an emotional support dog. I gave it to management and they told me im not even in the lease but once I am added to the lease then I can have the dog. Now the whole process with the lease will take about a week they said an I am paying someone to keep my dog there all this time. I contacted the department of consumer affairs and they said I can have the dog here because management has been aware all this time that I have been living here for over a year. What happened is that the previous manager didnt put me on the system and "lost" my application but at least it shows on their system that she ran a background and credit check on me. I gave yesterday I note to management saying to accept my dog as of yesterday while the lease issue is resolved but the new manager said he doesnt know anything about it and has to ask. Now I have to wait until next week and keep paying just because the previous manager didnt do her job right and didnt add me to the lease. Can I bring the dog today? any knowledge about this?
We understand that some people need ESD but it seems that this ESD is abused by many to avoid paying a non-refundable pet fee and often we see these dogs are Pitt bulls.
We understand a Labrador, golden retriever and small dogs but no way we can understand a ESD is a Pitt Bull!
Can I bring the dog today? any knowledge about this?
No.
Under FHAA, you made a request for a Reasonable Accommodation for the animal. The landlord has granted that Reasonable Accommodation with the condition that the lease issue, occupancy and legal resident status be figured out. That is perfectly acceptable under FHAA so long as it doesn't turn into an undo delay. If it takes them a week to get everything finalized signed and sealed, you just have to put up with that acceptable delay because in some way, it's your own fault for ignoring this all this time.
What you have to understand is under FHAA, your Assistance Animal is not an automatic right but an accommodation which means you ask first, get permission and act on that permission. It seems you acted first and now are all upset because you have to wait a bit. That's life, that's the FHAA.
I have to be a big honest here and please don;t take this the wrong way but you really should have researched this BEFORE you acted and obtained the dog. The fact that you have to pay someone is nobody's fault but your own!
As with most things... there is a right way and a wrong way and a way that says I will do what I want and work out the details later.
One thing I have found to be almost universal is dogs... any kind of dogs inevitably damage property and this is most prevalent with juvenile dogs.
A past tenant with service dog... magnificent dog and highly trained and damaged still happened when the dog turned on and off the light switches... just the jumping up with paws on the wall did it... granted this was 20 years ago before remote devices were popular.
Even in Housing a Puppy is in No Way shape or Form a SD Not even Emotional. As such the Puppy falls under PETS & Most Pet rules say 6 months old & Housetrained. And IF the Dog is Disruptive At Anytime of its life &/or you fail to cleanup after it You can be Ordered to Give up the dog or move.
Under FHAA, you made a request for a Reasonable Accommodation for the animal. The landlord has granted that Reasonable Accommodation with the condition that the lease issue, occupancy and legal resident status be figured out. That is perfectly acceptable under FHAA so long as it doesn't turn into an undo delay. If it takes them a week to get everything finalized signed and sealed, you just have to put up with that acceptable delay because in some way, it's your own fault for ignoring this all this time.
What you have to understand is under FHAA, your Assistance Animal is not an automatic right but an accommodation which means you ask first, get permission and act on that permission. It seems you acted first and now are all upset because you have to wait a bit. That's life, that's the FHAA.
I have to be a big honest here and please don;t take this the wrong way but you really should have researched this BEFORE you acted and obtained the dog. The fact that you have to pay someone is nobody's fault but your own!
Well first of all the issue with the lease is not my fault because there is something fishy about this whole lease issue. Tel me how it is my fault that I submitted all the paper work I had to submit and took time from my busy life and even paid an extra $25 dollars more than I should had to be in the lease and then later on they tell me Im not in the lease. I think it is their fault for hiring a dumb manager that doesn;t do things right and now I have to take my time for that all over again and on top of that pay per night to have a dog somewhere else. If I had been in the lease and I assumed and as I as told by management, I would had been granted persmission to have the dog after I asked according to the manager, should I have that money I am spending per night for the dog refunded because that is only happening because the previous manager didnt add me to the lease?
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