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Old 06-18-2016, 04:47 PM
 
Location: Long Island, NY
1,898 posts, read 2,837,410 times
Reputation: 2559

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FHA law does not apply to all housing.

ADA do not even recognize Ems animals.

Unless your legal disabled, you do not qualify for an emotional support animal under FHA laws.
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Old 06-18-2016, 04:57 PM
 
762 posts, read 610,845 times
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Quote:
Originally Posted by reenzz View Post
FHA law does not apply to all housing.

ADA do not even recognize Ems animals.

Unless your legal disabled, you do not qualify for an emotional support animal under FHA laws.
They are 2 separate categories. This explains it:
SERVICE DOG VS. EMOTIONAL SUPPORT ANIMAL

An Emotional Support Animal (ESA) is an animal that, by its very presence, mitigates the emotional or psychological symptoms associated with a handler's condition or disorder. The animal does NOT need to be trained to perform a disability-specific task. All domesticated animals (dogs, cats, birds, reptiles, hedgehogs, rodents, mini-pigs, etc.) may serve as an ESA. The only legal protections an Emotional Support Animal has are 1) to fly with their emotionally or psychologically disabled handler in the cabin of an aircraft and 2) to qualify for no-pet housing. No other public or private entity (motels, restaurants, stores, etc.) is required to allow your ESA to accompany you and in all other instances, your ESA has no more rights than a pet.
You'll also need to be prepared to present a letter to airlines and property managers from a licensed mental health professional stating that you are emotionally disabled and that he/she prescribes for you an emotional support animal.


I legally have been able to take my dog on planes with me and in apartments with me.
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Old 06-18-2016, 05:06 PM
 
Location: Long Island, NY
1,898 posts, read 2,837,410 times
Reputation: 2559
Quote:
Originally Posted by LamarOdomsDealer View Post
They are 2 separate categories. This explains it:
SERVICE DOG VS. EMOTIONAL SUPPORT ANIMAL

An Emotional Support Animal (ESA) is an animal that, by its very presence, mitigates the emotional or psychological symptoms associated with a handler's condition or disorder. The animal does NOT need to be trained to perform a disability-specific task. All domesticated animals (dogs, cats, birds, reptiles, hedgehogs, rodents, mini-pigs, etc.) may serve as an ESA. The only legal protections an Emotional Support Animal has are 1) to fly with their emotionally or psychologically disabled handler in the cabin of an aircraft and 2) to qualify for no-pet housing. No other public or private entity (motels, restaurants, stores, etc.) is required to allow your ESA to accompany you and in all other instances, your ESA has no more rights than a pet.
You'll also need to be prepared to present a letter to airlines and property managers from a licensed mental health professional stating that you are emotionally disabled and that he/she prescribes for you an emotional support animal.


I legally have been able to take my dog on planes with me and in apartments with me.


What type of place are your trying to rent?

Are you legally disabled?
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Old 06-18-2016, 05:07 PM
 
Location: Southern New Hampshire
10,047 posts, read 18,069,717 times
Reputation: 35846
Quote:
Originally Posted by LamarOdomsDealer View Post
They are 2 separate categories. This explains it:
SERVICE DOG VS. EMOTIONAL SUPPORT ANIMAL

An Emotional Support Animal (ESA) is an animal that, by its very presence, mitigates the emotional or psychological symptoms associated with a handler's condition or disorder. The animal does NOT need to be trained to perform a disability-specific task. All domesticated animals (dogs, cats, birds, reptiles, hedgehogs, rodents, mini-pigs, etc.) may serve as an ESA. The only legal protections an Emotional Support Animal has are 1) to fly with their emotionally or psychologically disabled handler in the cabin of an aircraft and 2) to qualify for no-pet housing. No other public or private entity (motels, restaurants, stores, etc.) is required to allow your ESA to accompany you and in all other instances, your ESA has no more rights than a pet.
You'll also need to be prepared to present a letter to airlines and property managers from a licensed mental health professional stating that you are emotionally disabled and that he/she prescribes for you an emotional support animal.

I legally have been able to take my dog on planes with me and in apartments with me.
OP, I sympathize with you, I really do, as I have cats myself and I know how incredibly important they are in my life. In my darkest hours (which luckily were decades ago), my cats were literally all that kept me from killing myself (I just could not leave them behind). Yes, they were THAT important.

But even acknowledging that: are you saying that landlords who do NOT allow pets (at all) should be FORCED to make an exception for "emotional support animals"? Honestly, I think that's absurd. And how angry would OTHER residents get once they saw that someone had a dog or cat when THEY were not allowed to?

I am a LL (I rent out the house I used to live in) and I DO allow pets, but I still don't think I should be FORCED to. You can call an animal an "emotional support animal" -- and I have no doubt that the animal IS that, i.e. he/she provides emotional support to you -- but as far as the LL is concerned, it's just another animal that can cause damage to the property. So again, I don't think ANY LL should be FORCED to accept them. Sorry.

ETA: was curious so did a tiny bit of digging ... found this (among other things): https://www.psychologytoday.com/blog...rowing-problem .
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Old 06-18-2016, 05:42 PM
 
Location: in a parallel universe
2,648 posts, read 2,315,916 times
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Quote:
Originally Posted by karen_in_nh_2012 View Post
OP, I sympathize with you, I really do, as I have cats myself and I know how incredibly important they are in my life. In my darkest hours (which luckily were decades ago), my cats were literally all that kept me from killing myself (I just could not leave them behind). Yes, they were THAT important.

But even acknowledging that: are you saying that landlords who do NOT allow pets (at all) should be FORCED to make an exception for "emotional support animals"? Honestly, I think that's absurd. And how angry would OTHER residents get once they saw that someone had a dog or cat when THEY were not allowed to?

I am a LL (I rent out the house I used to live in) and I DO allow pets, but I still don't think I should be FORCED to. You can call an animal an "emotional support animal" -- and I have no doubt that the animal IS that, i.e. he/she provides emotional support to you -- but as far as the LL is concerned, it's just another animal that can cause damage to the property. So again, I don't think ANY LL should be FORCED to accept them. Sorry.

ETA: was curious so did a tiny bit of digging ... found this (among other things): https://[B<b>]www.psychologytoda...ng-problem</b> [/b].
Like I said in a post above.. You can buy them online. You just answer a few questions.. The website practically tells you how to answer and one of their medical professionals will evaluate you. Then for a fee they'll send you Fido's certificate. And what makes so angry is that on those types of websites you'll see big proclamations like 'Never Pay Another Pet Deposit Again' or " How To Avoid the No Pet Clause in Your Lease'.. so these websites know darn well what they're doing and so do the people who use them. Combine that certificate with a fancy orange service vest for your dog and what LL is going to even think to question the validity of it?
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Old 06-18-2016, 05:47 PM
 
13,284 posts, read 8,452,873 times
Reputation: 31512
Quote:
Originally Posted by karen_in_nh_2012 View Post
OP, I sympathize with you, I really do, as I have cats myself and I know how incredibly important they are in my life. In my darkest hours (which luckily were decades ago), my cats were literally all that kept me from killing myself (I just could not leave them behind). Yes, they were THAT important.

But even acknowledging that: are you saying that landlords who do NOT allow pets (at all) should be FORCED to make an exception for "emotional support animals"? Honestly, I think that's absurd. And how angry would OTHER residents get once they saw that someone had a dog or cat when THEY were not allowed to?

I am a LL (I rent out the house I used to live in) and I DO allow pets, but I still don't think I should be FORCED to. You can call an animal an "emotional support animal" -- and I have no doubt that the animal IS that, i.e. he/she provides emotional support to you -- but as far as the LL is concerned, it's just another animal that can cause damage to the property. So again, I don't think ANY LL should be FORCED to accept them. Sorry.

ETA: was curious so did a tiny bit of digging ... found this (among other things): https://www.psychologytoday.com/blog...rowing-problem .
You are not being forced anymore then when you pay taxes or pay bills. Both are optional really.

I think from what I gather that your assuming that these animals are a ruse. They are not. As the regulations and the doctors orders are sure to assert.

You can decline any

tenant. Just be sure that you are willing to accept a lawsuit for denying them based on your reason of decline.

Op- Ask for the application. That is what it's for. The pre screening questions need not be answered. I recall how quickly an application was retrieved when my mother applied to a place and they refused to even let her apply once they knew she had a support dog. We luckily had the doctors letter, and the judge sided with us. Two years there and one night my mom went into a diabetic coma, the dog alerted us. After the ambulance took her to the hospital the landlord called. They were concerned. I said , the support dog alerted us, funny how this dog was able to help save a life. Another time , the apartment next to us had a live wire .. It started a fire. the dog kept scratching at the wall... A few minutes later the complex fire alarm initiated. I still have the pet, long after my mom passed. I have no Drs orders ... But that Pet has more then earned the right to reside in a loving family.

I do know that room/board facility's can decline animals, as they are under multi family rules for a household.
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Old 06-18-2016, 05:56 PM
 
Location: Southern New Hampshire
10,047 posts, read 18,069,717 times
Reputation: 35846
Quote:
Originally Posted by Nov3 View Post
You are not being forced anymore then when you pay taxes or pay bills. Both are optional really.
Sorry, but that is just such a silly statement. Taxes and bills are not optional. A LL being FORCED to accept an "emotional support animal" -- with "documentation" that can be bought on the Internet -- is absolutely absurd. (And again, I personally DO accept pets -- did you miss that part of my post? I just don't think I should be FORCED to.)

Quote:
Originally Posted by Nov3 View Post
I think from what I gather that your assuming that these animals are a ruse. They are not. As the regulations and the doctors orders are sure to assert.
Sounds like a lot of them absolutely ARE a ruse -- given that you can buy "certificates" on the Internet, and, as the poster Elliedeee wrote earlier, the sellers even advertise them as ways to get around "pet deposits" etc. Seriously, do those things sound legitimate?

Quote:
Originally Posted by Nov3 View Post
You can decline any tenant. Just be sure that you are willing to accept a lawsuit for denying them based on your reason of decline.
Luckily I will never be in this position. I feel REALLY sorry for any LL who is FORCED to accept a PET when they have a "no pets" policy for everyone else.
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Old 06-18-2016, 06:01 PM
 
762 posts, read 610,845 times
Reputation: 566
Service animals are trained for things such as guiding the blind, detecting seizures, and keep you from self harm. Legally you cannot be told that they have to leave in housing, restaurants, stores, etc. The emotional support animal is usually not trained in doing a job or task and typically are the companions of those with PTSD, depression, and anxiety. Legally you cannot be told you cannot live somewhere due to having one (I think there is a loop hole though if the place has less than 4 units) however you technically cannot bring the animal to stores and restaurants.

Legally I cannot get evicted for having an emotional support animal or denied housing for it so yes, that is the law and unless you would like to be sued and lose, you do have to follow the law. I realize Karen you may not like that answer but say I lived in your complex (and that you didn't allow pets) and ended up getting a prescription for a pet, you cannot decide that since you are a pet free complex that I no longer cannot live there.

My companion saved my life and I have legit documentation from a "real" in person doctor that I have seen for years. I have medical records that I would prefer not to share with a manager or landlord hence why you have the letter (I believe people have a right to privacy).

Some of you may make light of people like me having emotional support animals, I get it.
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Old 06-18-2016, 06:03 PM
 
762 posts, read 610,845 times
Reputation: 566
Also, you don't need a certifcate for having an emotional support animal lol.... It's a doctor's letter you need. The sites that give you certificates and not letters from a doctor with their practice info and their license number, are a scam however, I'm sure people do buy them from there and many landlords or managers accept them for being legit.
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Old 06-18-2016, 06:05 PM
 
762 posts, read 610,845 times
Reputation: 566
Forgot to answer, I'm just renting a 1b1b or 2b1b with 1 emotional service animal who is well behaved. Most of the complexes in my price range and in the location have between 8-20 units.
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