Age and Disability Discrimination

[Dvora]

What is the name of your state (only U.S. law)? California

I'm an emotionally/mentally disabled 80 year old senior who owns a Mobile Home in Vista, CA which is a condominium. They have a one pet rule. However I have two small dogs that were adopted on the same day and have been prescribed by my doctor as "companion dogs". I appealed to the Board to allow me both dogs for my mental and emotional well being and was denied.
Separating my dogs would cause great trauma and unhappiness. Are they guilty of age and/or disability discrimination? Please advise who I can turn to for help with this matter.

DvoraWhat is the name of your state (only U.S. law)?

 

[cbg]

Unless they have made an exception for residents who are under 40, there is no age discrimination here. Age discrimination means treating you DIFFERENTLY because of your age. It does not mean requiring that you adhere to the same rules everyone else has to adhere to. Nothing in the law says that once you reach a certain age, everyone has to give you exactly what you want and if they don't, it's discrimination.

As for disability, are these trained service dogs?

 

[StevenJ_420Law]

A companion dog for the mentally disabled could and often do fall under the definition of a service animal, even though it may be a owner trained service animal. CA is even broader than the ADA in it's interpretation. While there is no requirement to register/license your (service) animal, there are many agencies and advocated that you can apply to. Start googling service animals. I would also visit a message board for service animal enthusiasts if I were you. They will help you.

Defending a ADA claim is not going to be something they want to do.

Your problem is you may end up needing a lawyer to help you, but you can start doing some research on your own.

 

[Hot Topic]

You express yourself extremely well for an emotionally/mentally disabled individual. And you are certainly sharp enough to wonder if age discrimination could factor into your situation.

Presumably, you believe the placement of one animal in another home would traumatize the other. You would need the help of a professional to confirm your belief that such a separation could have serious, even fatal, consequences.

Dogs that provide a specific service spend 13-18 months with volunteer puppy raisers. The puppies are provided with basic obedience and socialization training. They then spend 6-9 months training with professional instructors.

The point is, having a dog keep you company doesn't necessarily mean it's a companion dog. The dog needs to be trained to deal with all kinds of situations to enhance your life and sense of independence, else all dogs could incorrectly be referred to as companion dogs.

A reporter recently wrote an article saying that claims that dogs were service dogs had increased to the point that he expected the coming of service squirrels.

 

[cbg]

I agree that it does not necessarily have to be a trained service dog to qualify, but if it were, that would make her claim stronger.

 

[DeenaCA]

This falls under the "reasonable accommodation" requirements of the federal Fair Housing Act, rather than the ADA. The Americans with Disabilities Act covers access to public accommodations like the grocery store or the bus. An assistance animal must be trained to provide a specific service under the ADA but not under the Fair Housing Act.

Under the FHA, housing providers must permit assistance animals which "assist, support, or provide service" to persons with disabilities, if necessary as a reasonable accommodation. The housing provider may not require special training or certification for an assistance animal, but may require proof of the disability and proof of the disability-related need for the assistance animal.

Please advise who I can turn to for help with this matter.

To locate a fair housing agency in your area, see National Fair Housing Advocate Online.

Also, see http://www.bazelon.org/LinkClick.aspx?fileticket=mHq8GV0FI4c=&tabid=245. I recommend that you contact a disability advocacy agency in your area.

Here's an example of a recent case in which a housing provider was charged with FHA violations for refusing to allow an "emotional support" animal: http://www.hud.gov/offices/fheo/enforcement/10-40-W-75-St-Charge.PDF.