Emotional Service Animals

[DeenaCA]

Under the FHA the LL is exempt if he has less then 4 units?

You live in an apartment, right?

It's no more than 3 single-family homes. OR, no more than one owner-occupied apartment building of up to 4 units.

42 US Code 3603(b):
(b) Exemptions
Nothing in section 3604 of this title (other than subsection (c)) shall apply to—
(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time:
(2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

 

[COlandlord]

Out of frustration I said if my cat who basically just lays near me and sleeps/eats/litter box I will pay if he damages your beloved carpet. Then rethinking about it I should not have to pay anything addition

OP also needs to understand that even if the animal is a service animal she is still required to pay for any and all damages, regardless if a deposit is held for the animal.

 

[RRevak]

OP seriously needs to put on their big girl/boy pants and just pay the darned pet deposit and be done with it. I'm not understanding why its such an issue. As mentioned somewhere else in this thread, if OP has the money to board the silly cat than s/he has the money to pay the deposit so the issue is resolved. I think OP is taking this "disability" thing WAY too far

 

[Ohiogal]

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

I submitted a reasonable accommodation request to my landlord - included a letter from my therapist back in March to allow me to have my cat with me in my apt.

The landlord denied the request and I got in touch with local housing dept here from handles fair housing rights and people w/disabilities. The housing dept sent the landlord a letter on my behalf outlining the FHA and the landlord gave them a hard time saying he does not have to make any accommodations. The housing dept then referred the LL to call the civil rights commission back in April and he never called to clarify how the laws apply to him on both a state and federal level.


He claims under federal law he is exempt because there are only 3 units and it is not owner occupied. Bazelon site:
http://www.bazelon.org/LinkClick.aspx?fileticket=mHq8GV0FI4c=&tabid=245

(a) buildings with
four or fewer units where the landlord
lives in one of the units, and (b) private
owners who do not own more than
three single family houses, do not use
real estate brokers or agents, and do
not use discriminatory advertisements

The housing people said he is not exempt on a federal level and the law applies on a state level too. Ohio Revised Code 4112.02(H) part's 4 and 19.
Lawriter - ORC - 4112.02 Unlawful discriminatory practices.

The landlord and I have gone back and both on this. His primary concern is the carpet. He told me if he if indeed he is required by law he would alllow the cat. He did request that the cat be declawed. I have a problem with that my cat is a tripod - 3 legs. He is missing his front right leg and when they declaw cats they only remove front claws and to limit my cats mobility even more is insane!! My vet advised against having my cat declawed because he is older and a amputee. My vet said I could get Soft-claws it goes over cats nails. That wasnt good enough for landlord either. The landlord is bent on how these laws do not apply to him and said I could pay a pet deposit and bring the cat in. I said absolutely not. Under these laws that protect my rights I would be exempt from having to pay for my service animal. Out of frustration I said if my cat who basically just lays near me and sleeps/eats/litter box I will pay if he damages your beloved carpet. Then rethinking about it I should not have to pay anything addition. This landlord got burned really bad by last tenant and now I am paying for it.

The landlord and I have reached a inpasse. There is no reasoning with him. I just at this point want out of the lease. I can't afford to keep my cat in a boarding kennel any longer and this has taken a a toll on my health - being separated from my cat exasperated my disability and I was hospitalized. I just want this to be over with. So we both can move on.

Re: the bolded. If your animal damages the carpet YOU WILL HAVE TO PAY FOR IT. Why? Because you can't destroy property of someone else and not pay, regardless of whether this is a service animal that did it or not.

 

[justalayman]

Re: the bolded. If your animal damages the carpet YOU WILL HAVE TO PAY FOR IT. Why? Because you can't destroy property of someone else and not pay, regardless of whether this is a service animal that did it or not.

upon re-reading that, I have to agree. When I first read it, I thought OP was speaking about a deposit in which, legally, he doesn't have to pay. Of course, if the animal damages anything, OP is definitely liable for the damages.


Why would anybody think anything otherwise?

 

[Heidi00]

HUD Emotional Support Animal:

May I suggest you file a claim with HUD , this has happened to me and HUD charged my landlord with discrimation. Yesterday was OUR deadline to chose Election, where he wants the case judged. Well today he filed an extension with Administrative Law Judges. I reported my landlord to HUD the day the confontation took place, then HUD did a year long investigation and finally he will have his day in court , but he has been unresponsive, today his son filed a 30 day extension so yes it is AGAINST the law to refuse documented emotional support animal. I have a doctors written note allowing this and he threw it at me like 3 times and said it was worthless**************well lets just say he is in alot trouble.

I submitted a reasonable accommodation request to my landlord - included a letter from my therapist back in March to allow me to have my cat with me in my apt.

The landlord denied the request and I got in touch with local housing dept here from handles fair housing rights and people w/disabilities. The housing dept sent the landlord a letter on my behalf outlining the FHA and the landlord gave them a hard time saying he does not have to make any accommodations. The housing dept then referred the LL to call the civil rights commission back in April and he never called to clarify how the laws apply to him on both a state and federal level.


He claims under federal law he is exempt because there are only 3 units and it is not owner occupied. Bazelon site:
http://www.bazelon.org/LinkClick.aspx?fileticket=mHq8GV0FI4c=&tabid=245

(a) buildings with
four or fewer units where the landlord
lives in one of the units, and (b) private
owners who do not own more than
three single family houses, do not use
real estate brokers or agents, and do
not use discriminatory advertisements

The housing people said he is not exempt on a federal level and the law applies on a state level too. Ohio Revised Code 4112.02(H) part's 4 and 19.
Lawriter - ORC - 4112.02 Unlawful discriminatory practices.

The landlord and I have gone back and both on this. His primary concern is the carpet. He told me if he if indeed he is required by law he would alllow the cat. He did request that the cat be declawed. I have a problem with that my cat is a tripod - 3 legs. He is missing his front right leg and when they declaw cats they only remove front claws and to limit my cats mobility even more is insane!! My vet advised against having my cat declawed because he is older and a amputee. My vet said I could get Soft-claws it goes over cats nails. That wasnt good enough for landlord either. The landlord is bent on how these laws do not apply to him and said I could pay a pet deposit and bring the cat in. I said absolutely not. Under these laws that protect my rights I would be exempt from having to pay for my service animal. Out of frustration I said if my cat who basically just lays near me and sleeps/eats/litter box I will pay if he damages your beloved carpet. Then rethinking about it I should not have to pay anything addition. This landlord got burned really bad by last tenant and now I am paying for it.

The landlord and I have reached a inpasse. There is no reasoning with him. I just at this point want out of the lease. I can't afford to keep my cat in a boarding kennel any longer and this has taken a a toll on my health - being separated from my cat exasperated my disability and I was hospitalized. I just want this to be over with. So we both can move on.[/QUOTE]

 

[cbg]

May I suggest that you look at the dates of the posts and realize that since this thread is from well over a year ago, the situation is most likely resolved by now.

 

[OHRoadwarrior]

You are not exempt from paying for pet damages, regardless of your necropost.